What is the time deadline for motion to reopen based on marriage while the case is pending in BIA?

Asked over 1 year ago - San Diego, CA

And is there an exception if filed after this deadline based on marriage?

Attorney answers (2)

  1. Carl Michael Shusterman


    Contributor Level 20


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    Answered . If your case is pending before the BIA, and your I-130 has been approved, you should file a Motion to Remand the case to the Immigration Judge. There is no deadline.

    Carl Shusterman, Esq.
    Former INS Trial Attorney (1976-82)
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    (213) 394-4554 x0 Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration... more
  2. J. Thomas Smith Ph.D.


    Contributor Level 20


    Lawyers agree

    Answered . motions to reopen must be submitted within 30 days of the date on the denial letter.

    The bad news is that USCIS can take three months to two years to make a decision on a motion to reopen.

    The grant of a motion to reopen is at the discretion of the Board of Immigration Appeals and it will turn in part upon the likelihood that the applicant will be granted the relief sought.

    There could be many reasons as to why the BIA may deny the reopening of the case, such as the motion is filed after the deadline or the applicant is no longer eligible for relief, or the application is supported by inadequate explanations, etc.

    There may be other options if the Court has denied your applications, so it is best to seek the advice of an experienced immigration attorney.

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