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Immigration Issues/Motion to reopen or reconsider

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Question
Two years ago, I filed a motion to reopen my petition for my sister to immigrate to the United States. The motion was denied but I have proof that USCIS made a mistake. I want to submit another motion with the evidence but I don't know if I'm supposed to file it as an appeal, motion to reopen, or motion to reconsider. Which type of motion should I file it as?

Answer
Dear William,

Motion to reopen, appeal or motion to reconsider has a specific deadline.  2 years is a long time considering the last time of denial.  You also did not specify the type of denial received for your sister?  Was it a court case?  Was it an application?  Different procedures have different requirements for appeal/MTR.  You stated that USCIS made a mistake, so most likely it was an application, but was it a family-based or employment-based or asylum?

I certainly need more information in order to advise further.  

Immigration Issues

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Jack Sung

Expertise

Can answer: Immigration and visa issues Can't answer: Everything else

Experience

Been a practicing immigration attorney for 4 years.

Organizations
Taiwanese American Lawyers Association. American Immigration Lawyers Association. Los Angeles County Bar Association

Publications
Southwestern International Law Journal

Education/Credentials
J.D. from Southwestern Univ. School of Law in 2007. Licensed attorney in California

Awards and Honors
LACBA 2011 Outstanding Public Service Award

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