What is a sua sponte motion to reopen?
Title 8 C.F.R. § 1003.23 governs the reopening of immigration proceedings before an immigration judge (“IJ”). Section 1003.23(b)(1) allows the IJ to reopen a case on his or her own motion—what is known as sua sponte reopening—or pursuant to a motion to reopen filed by either party.
Can you reopen an immigration case?
Immigrants with cases in immigration court can generally file one motion to reopen and one motion to reconsider (or both at the same time). A motion to reopen must generally be filed within 90 days following entry of a final administrative order of removal, deportation, or exclusion.
How do you write a motion to reopen a case?
What should the motion to reopen include?
- Introduction, a statement of events, a section outlining the standard for reopening, legal arguments, and a conclusion stating the relief requested.
- State whether the order has been or is the subject of any judicial proceeding.
What happens when Uscis reopen your case?
A motion to reopen is a request to the office that issued the unfavorable decision to review its decision based on new facts. The motion must state new facts and be supported by affidavits or other documentary evidence demonstrating your eligibility at the time you filed the underlying application or petition.
How long it takes to reopen an immigration case?
Normally, a person has 30 days to file a motion to reopen and also a motion to reconsider. The time limit is different for the motion to reopen for cases that are in immigration court. Sometimes they have 90 days to file a motion to reopen.
How do I pay a motion to reopen?
Instructions for paying application fees can be found in the DHS biometrics instructions, which are available on the Executive Office for Immigration Review website at www.justice.gov/eoir. A fee receipt must be submitted when the application is filed with the Immigration Court.
What if I-290B is denied?
The appeal is filed on Form I-290B with the USCIS service center which initially denied the case. If the denial is overcome, the USCIS service center will make a motion to reopen the case and approve it. Alternatively, if the denial is not overcome, the case is forwarded to the AAO.
How long does it take to reopen an immigration case?
How long does it take to process I-290B?
Generally, with the help of an experienced immigration lawyer, this option is preferable. Usually, the I-290B is decided within 2 months, and if approved then the case picks up right where it left off.
What happens after I-290B is approved?
Usually, the I-290B is decided within 2 months, and if approved then the case picks up right where it left off. The I-765 and I-131 are reinstated. There’s no need for a new medical exam. Work authorization should be approved soon too if the USCIS agrees to reopen/reconsider the I-485 application.
How long does it take to approve I-290B?
How much is the fee for I-290B?
$675. You may pay the fee with a money order, personal check, or cashier’s check. When filing at a USCIS lockbox facility, you may also pay by credit card using Form G-1450, Authorization for Credit Card Transactions. If you pay by check, you must make your check payable to the U.S. Department of Homeland Security.
Is there hope for the sua sponte case?
Yes, there is hope, however little. It is SUA SPONTE motion to reopen before the Board of Immigration Appeals. In exceptional circumstances, the Board of Immigration Appeals or Immigration Court may exercise its discretionary authority to reopen proceedings sua sponte. Matter of J-J-, 22 l&N Dec. 976 (BIA 1997).
When does a judge consider a motion sua sponte?
Matter of J-J-, 22 l&N Dec. 976 (BIA 1997). For a judge to consider taking a motion sua sponte, the applicant at a minimum need to demonstrate “a substantial likelihood that the result in his case would be changed if reopening is granted.” Matter of Becliford, 22 l&N Dec. 1216 (BIA 2000).
When does the AAO reopen or reconsider a decision?
The AAO may reopen a proceeding or reconsider a decision on its own motion (sometimes called a Service motion or a sua sponte motion). If the AAO reopens on its own motion and the new decision may be unfavorable to the appellant, the AAO will notify the appellant and provide 30 days to submit a brief. [128]
When to file a motion to reopen and reconsider?
If the Administrative Appeals Office (AAO) issues an unfavorable decision, the appellant [112] may file a motion to reopen the proceeding, a motion to reconsider the decision, or a combined motion to reopen and reconsider. The AAO may also reopen a proceeding or reconsider one of its prior decisions on its own motion. [113]