How Long Do I Have to File a Motion to Reopen My Immigration Case?

Few things are more devastating than receiving a denial of your immigration application or losing your case in immigration court. But a denial doesn’t have to be the end of the road. You may be able to request that your case be reopened and reconsidered – if you act quickly.

At the Law Office of Lina Baroudi, we’ve helped countless clients handle the process of filing a motion to reopen. One of the most critical factors is understanding the strict deadlines involved. Wait too long, and you could lose your chance to have your case reviewed.

So how long do you have to file a motion to reopen? The answer depends on the specifics of your case and the reason for the denial or adverse decision.

The General Rule: 90 Days from the Decision

In most cases, you have just 90 days from the date of the decision to file a motion to reopen your immigration case. This 90-day clock starts ticking the day the decision is issued, not the day you receive it in the mail.

It’s a brutally short window, especially when you’re reeling from the shock of a negative outcome. But the consequences of missing the deadline are severe. If you file your motion even one day late, it will almost certainly be denied outright without any consideration of the merits of your case.

That’s why it’s essential to consult with an experienced immigration attorney as soon as you receive a denial or unfavorable decision. At our firm, we can quickly assess your case, identify the strongest grounds for reopening, and ensure your motion is filed correctly and on time.

Exceptions to the 90-Day Motion to Reopen Deadline

While 90 days is the standard deadline, there are some important exceptions that may give you more time to file your motion to reopen.

Changed Country Conditions for Asylum Seekers

If you were denied asylum but conditions in your home country have since deteriorated significantly, you may be able to file a motion to reopen past the 90-day limit. To qualify, you must show that:

• The worsening conditions are directly relevant to your eligibility for asylum or other forms of protection such as withholding of removal or relief under the Convention Against Torture.
• The evidence of these changes is new, was not available at the time of your original hearing, and could not have been discovered earlier.

This exception allows for a reconsideration of your case when the situation in your home country changes in ways that may now pose a risk to your safety. However, it’s essential to provide solid evidence that the conditions have substantially worsened and are relevant to your claim.

Motions to Reopen After a Failure to Appear

If you missed your hearing and an in absentia removal order was issued, there are specific rules allowing you to file a motion to reopen beyond the usual time limits. It’s critical to demonstrate that there was a legitimate reason for missing the hearing, such as lack of notice. The rules governing this can be complex, so having legal guidance is key.

Jointly Filed Motions

If both parties agree to reopen the case, a motion to reopen can be filed without regard to the 90-day deadline. This joint motion is not restricted by the usual time or numerical limits, making it a viable option in certain cases where both sides are willing to revisit the outcome.

Motions Filed by DHS

In removal proceedings, the Department of Homeland Security (DHS) is not bound by time or number limitations when filing motions to reopen.

However, in deportation or exclusion proceedings, DHS must adhere to the limits unless the motion is based on fraud in the original case or a criminal conviction that could affect asylum eligibility.

Special Circumstances for Battered Spouses, Children, and Parents

Certain individuals who are victims of domestic abuse—spouses, children, or parents—may be eligible for exceptions to the 90-day deadline. These cases involve specific legal protections, and it’s important to consult with an attorney to determine eligibility.

These exceptions offer pathways to revisit a case after the standard deadline has passed. Given the complexity of these regulations, it’s essential to consult with an immigration attorney to explore your options based on your specific situation.

The Risks of Delay

Even if you think you might fall under one of the exceptions to the 90-day rule, it’s risky to wait until the last minute to start the reopening process. Building a strong case for reopening takes time, and you don’t want to find yourself scrambling to gather evidence and arguments as the clock runs out.

Moreover, some exceptions to the deadline are highly technical and may require submitting extra evidence or legal briefs. If you try to handle the process on your own and make a mistake, the opportunity for reopening could be lost forever.

Remember, a denied motion to reopen doesn’t just leave you back where you started – it can actually make your situation worse. A denial can be used as evidence against you in future proceedings, making it even harder to obtain the immigration benefit you’re seeking.

Act Fast to Protect Your Future

The 90-day deadline to file a motion to reopen your immigration case is unforgiving. Miss it by a day, and your chances of getting a second look may be gone. But with so much at stake for your future in the United States, it’s not a risk worth taking.

If you’ve been denied an immigration benefit or ordered removed, don’t wait to seek help. Contact the Law Office of Lina Baroudi today to schedule a consultation with one of our experienced attorneys. We’ll review your case, explain your options, and develop a strategy to fight for your right to reopen your case.

The American immigration system can be cold and unyielding, filled with rigid rules and harsh deadlines. But you don’t have to navigate it alone. Let us be your guide and your advocate, working tirelessly to keep your American dream alive. Call now – the clock is ticking.