Motion Reopen Order With Eoir
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FAQ
USCIS may respond in six months to your motion to reconsider or reopen. Similar to the appeals process, a USCIS response may take longer if they have a backlog of motions or if your case is complex.
(a) Purpose ? A motion to reopen asks the immigration court to reopen proceedings after the immigration judge has rendered a decision, so that the immigration judge can consider new facts or evidence in the case.
(a) In General ? A motion to reopen requesting that an in absentia order be rescinded asks the immigration judge to consider the reasons why the respondent did not appear at the respondent's scheduled hearing. See Chapter 4.17 (In Absentia Hearing).
Those appealing to have a decision reconsidered or reopened must fill out and submit Form I290-B, Notice of Appeal or Motion. Your application should be submitted to the Administrative Appeals Office (AAO) or the Board of Immigration Appeals (BIA).
Usually, motions to reopen are filed either with the immigration court or the Board of Immigration Appeals. This depends on which entity last had contact with the case. For instance, if an Immigration Judge orders the removal, and a person didn't appeal, the motion must be filed with the immigration court.