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Immigration Issues/Motion to reopen or reconsider


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?

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.  

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Jack Sung


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


Been a practicing immigration attorney for 4 years.

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

Southwestern International Law Journal

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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