When A Case Can Be Reopened

• Some immigration cases can be reopened. If an immigration judge has issued a final deportation order, and you missed the deadline to appeal; the Board of Immigration Appeals either dismissed or denied your appeal, or a labor certification has been denied, the case may be reopened. The motion should include affidavits and all documents that back up the claims made in the motion. The judge must be satisfied that the evidence was not available at the first hearing or that the circumstances have actually changed since the first hearing. This motion should include a statement from the immigrant declaring whether he is the subject of any criminal proceedings. It must be filed within 90 days of the first ruling. Filing one of these motions does not affect the initial immigration order. If an immigrant has a date of deportation, plan to leave by that time.
  
  

Introducing New Information

• If a lawyer learns new information that could affect a person's immigration status, that could be cause for reopening an immigration case. If a past lawyer made a serious error in the case, a person's current attorney can ask the case be reconsidered.
  
  

Changing Situations

• If an immigrant's personal situation has changed -- such as he found a job or a sponsor -- his case may be reopened. An immigration case also can be reopened if circumstances in the person's home country have changed for the worse. If the political or social situation is volatile and could be detrimental to the immigrant, a judge may reconsider allowing him to stay in the United States.
  
  

Reconsidering a Case

• An immigrant also may file a motion to reconsider; this is different from a motion to reopen in that it asks a judge to reconsider the ruling based on perceived errors. New information is not usually introduced.