Did USCIS apply the wrong law or policy?
A motion to reconsider challenges the correctness of a USCIS decision based on the record that already existed when the decision was issued. The motion should identify a specific error in USCIS's application of law or policy, support that argument with pertinent authority, and explain why the existing record required a different result.
Send Us Your USCIS DecisionReconsideration is about error in the decision—not simply new evidence.
Reconsideration asks whether USCIS correctly applied the governing law or policy.
A motion to reconsider must state the reasons for reconsideration and establish that USCIS's prior decision was based on an incorrect application of law or policy.
For a decision on an application or petition, the motion must also establish that the decision was incorrect based on the evidence of record at the time USCIS issued the decision.
That makes reconsideration fundamentally different from reopening. The issue is not simply whether a stronger factual case can now be made. The issue is whether USCIS made a legal or policy error on the record it already had.
A strong reconsideration motion connects authority, error and the existing record.
Do not simply argue that USCIS should reach a different conclusion. Show why its reasoning conflicts with governing law or policy.
Identify the Governing Rule
Cite the statute, regulation, controlling precedent decision, or pertinent USCIS or DHS policy governing the disputed issue.
Identify the Incorrect Application
Explain precisely how USCIS's reasoning differs from the governing standard rather than merely asserting that the officer reached the wrong conclusion.
Show the Error on the Existing Evidence
Connect the correct legal standard to evidence that was already in the record when USCIS issued the adverse decision.
A motion to reconsider generally evaluates the decision on the record USCIS already had.
Do not use reconsideration as a substitute for reopening.
The reconsideration regulation specifically requires the motion to establish that the decision was incorrect based on the evidence of record at the time of the initial decision.
That does not prevent the motion from attaching copies of existing evidence to show where USCIS overlooked or mischaracterized the record. But the legal theory should not depend on a factual showing that was absent from the proceeding.
If the case needs additional facts or new documentary evidence to overcome the decision, a motion to reopen—or a combined motion to reopen and reconsider—may be the better procedural framework.
What kinds of USCIS errors may support reconsideration?
USCIS Applied a Requirement the Law Does Not Impose
A decision may require evidence or an eligibility element that does not appear in the governing statute, regulation, precedent or applicable policy.
USCIS Misread the Regulation
The agency may incorrectly interpret the text, scope or interaction of the regulations governing the benefit request.
USCIS Misapplied Controlling Case Law
A decision may cite a precedent but apply a test that the precedent does not actually establish or ignore a controlling rule.
Current USCIS Policy Was Applied Incorrectly
The decision may conflict with controlling USCIS Policy Manual guidance or other applicable agency policy governing adjudication of the issue.
USCIS Applied an Improper Level of Proof
The decision may impose an evidentiary burden inconsistent with the standard governing the particular immigration benefit or issue.
The Existing Evidence Was Evaluated Under the Wrong Rule
Even when USCIS accurately identifies the evidence, its legal treatment of those established facts may be inconsistent with governing law or policy.
Reconsideration requires more than disagreement with USCIS.
“USCIS Was Wrong”
A motion should identify the specific error in applying law or policy rather than merely arguing that the result was unfair or incorrect.
Building a Different Factual Record
If the case turns on evidence that was not part of the original record, reopening may be necessary.
Repeating the RFE or NOID Response
Reconsideration should identify why the final decision itself is legally incorrect rather than simply reproducing arguments USCIS already considered.
Argument Without Legal Support
A legal disagreement is substantially weaker when the motion does not identify the statutory, regulatory, precedent or policy authority supporting the claimed error.
Ignoring Another Denial Ground
Correcting one legal error may not change the result if another independent basis for denial remains.
Assuming Every Decision Allows I-290B
Motion and appeal eligibility remains benefit-specific. Confirm that the particular decision is eligible for the requested motion.
Ask whether the problem is legal or factual.
Law or Policy Error
The key question is whether USCIS incorrectly applied law or policy to the record that existed when the decision was issued.
The submission should identify the governing authority and demonstrate why the existing record required a different legal analysis.
New Facts and Evidence
The key question is whether relevant facts not previously submitted can now be established through affidavits or other documentary evidence.
Where both problems exist, the filing may expressly seek both reopening and reconsideration.
Reconsideration has a strict filing period.
Current USCIS guidance generally requires filing within 30 calendar days.
An eligible motion to reconsider generally must be filed within 30 calendar days after service of the adverse decision. When USCIS mailed the decision, current filing guidance generally provides 33 calendar days.
Unlike the limited regulatory provision allowing USCIS discretion to excuse certain untimely motions to reopen, the general motion rule does not provide the same discretionary late-filing exception for a motion to reconsider.
The actual decision and current Form I-290B instructions should be reviewed immediately.
Organize reconsideration around each challenged USCIS conclusion.
A pending motion does not automatically undo the prior decision.
The underlying immigration consequences should be reviewed separately.
Unless USCIS directs otherwise, filing a motion to reconsider does not automatically stay execution of the prior decision or extend a previously established departure date.
The motion also does not by itself restore immigration status, employment authorization, a denied adjustment application or another benefit affected by the original decision.
Any immediate status, employment, travel, adjustment or removal consequences should therefore be evaluated at the same time the motion is prepared.
Six principles for a stronger motion to reconsider.
Identify the Legal Error
Do not stop at disagreement with the result. Explain what law or policy USCIS applied incorrectly.
Cite Governing Authority
Support the argument with pertinent statutory, regulatory, precedent or policy authority.
Use the Existing Record
Show why USCIS's decision was incorrect on the evidence available when the decision was issued.
Use Reopening for New Facts
If new evidence is necessary, add a genuine reopening theory instead of trying to force the evidence into reconsideration.
Challenge Every Material Ground
One corrected legal issue is not enough if another independent basis still supports denial.
File on Time
Reconsideration does not carry the same limited discretionary late motion provision available for reopening.