¡IMPORTANTE! LAS MOCIONES DE REAPERTURA Y DE RECONSIDERACIÓN ANTE USCIS | HECHOS NUEVOS | DECISIONES
Desafío de Decisiones Migratorias en EE. UU.
In this video, the speaker discusses the concept of motions in the context of immigration cases in the USA, focusing on options available to individuals who disagree with unfavorable decisions made by immigration officials.
Understanding Motions in Immigration Cases
- Luis Victoria, an immigration lawyer from Miami, explains the legal tools known as motions that allow individuals to express disagreement with immigration decisions.
- Motions are tools within the administrative system used to challenge decisions made by federal officials regarding immigration benefits applications.
- These motions serve as a means for individuals to request corrections or favorable decisions based on factual arguments supported by evidence submitted in their case.
Types of Motions and Their Significance
- Motion to Reopen (Moción para Reabrir):
- A request directed at the office that issued an unfavorable decision, aiming for a review based on new facts or circumstances not previously considered.
- Motion for Reconsideration (Moción de Reconsideración):
- A petition to have the same official reconsider their decision due to errors in applying the law or public policy considerations.
Submission and Timing of Motions
- Most motions are submitted using Form I-290B, which serves both as an appeal notice and motion form with applicable fees.
- It is crucial to file motions within 30 days from the date of the respective decision, providing additional time if sent via mail for a total of approximately 33 days.
Detailed Overview of Immigration Motion and Appeal Process
The speaker discusses the timeline for receiving a decision on a motion, the possibility of appealing a denied motion, and the importance of consulting an immigration attorney for guidance.
Analyzing Decision Timelines
- The goal is to have a decision on a motion within approximately 90 days, but administrative appeals may take around 180 days from receiving the complete case file.
Appeal Options and Attorney Consultation
- If a motion is denied, one can appeal it. It's crucial to differentiate between motions and appeals, emphasizing the role of an immigration attorney in analyzing these aspects.
- Appeals to administrative boards are only possible if the original decision was appealable. Consulting an attorney is essential for understanding legal options thoroughly.
Importance of Legal Guidance and Resources
- Emphasizes the significance of immigration attorneys in navigating complex legal processes effectively.
- Consultations with attorneys help determine whether to proceed with a motion or an appeal based on individual case circumstances.
Final Remarks and Call to Action
The speaker concludes by encouraging viewers to engage with their content through likes, subscriptions, and social media platforms for continued access to valuable information.
Encouragement for Engagement
- Viewers are urged to like the video for its importance and subscribe for ongoing informative content catering to those pursuing the American dream.
- Invitation extended to follow social media channels for additional relevant material beyond videos.