Motion to Reopen USCIS — Paid Consultation on Reopening or Reconsidering a Decision
A paid consultation with Sherrod Seward, Esq. on reopening or reconsidering a denied P-1, O-1 or EB-1A petition — and on when federal court is the better forum than either.
A motion to reopen and a motion to reconsider are not interchangeable, and neither is an appeal. Reopening rests on new facts. Reconsideration argues the decision was legally wrong on the record that already existed. Filing the wrong one wastes the deadline and the fee. And on an extraordinary-ability refusal there is a fourth forum: a complaint in federal district court, which this office has filed on denied P-1 petitions. You will leave the call knowing which route your facts support and which forum is worth it.
Prefer to speak to someone first? +1 (202) 999-3631
Request the consultation
Six fields. About a minute.
Bring the call one of these
- You have evidence now that you did not have when the decision was made.
- You think the decision misapplied the law to the record already in front of the officer.
- You cannot tell whether to file a motion or appeal to the Administrative Appeals Office.
- A previous motion was dismissed and you do not know why.
- You are weighing whether federal court is a faster route than the agency.
How it runs
- Send the enquiryThe form below. Six fields, about a minute.
- Pay the consultation fee$500, on the firm's secure payment page. Credited in full against the fee for the engagement if this office is engaged on the matter.
- The consultationThe call itself. Bring the request, the response letter and the envelope — deadlines run from what the paper says.
- A written summaryWhat was decided, what the next step is, and the date it has to happen by.
Questions people actually ask
What do I actually get for the fee?
The $500 is the fee for the consultation itself and for the written summary that follows it. It is not a retainer, and it does not include preparing or filing an appeal or a motion on Form I-290B, a response to a Request for Evidence or a Notice of Intent to Deny, a new or refiled petition, or a complaint in federal district court - each of those is separately scoped and separately quoted. USCIS filing fees and federal court filing fees are not included and are payable to the government, not to this office.
Is this legal advice?
The consultation is. This page is not — it is general information about federal practice, and reading it creates no relationship with this office. Sending this form does not create an attorney-client relationship. No attorney-client relationship is formed until this office and you have signed a written engagement agreement.
Can you tell me what my chances are?
You will get a candid assessment of what your record supports and where it is thin, which is the useful version of that question. What you will not get is a percentage. Every matter is decided on its own record by a government officer or a judge, and prior results do not guarantee a similar outcome.
What happens if you cannot help?
You will be told so on the call, and told where the matter actually belongs. That happens often enough to be worth saying out loud.
Can I file a motion and an appeal?
Form I-290B is used for both, and which box you tick determines who decides and on what standard. They are alternatives to be chosen between on the facts, not a sequence to be worked through, and the choice is not always reversible once the deadline passes. That choice is what the consultation is for.
When is federal court better than appealing to the agency?
Sometimes, and not always — it depends on what went wrong and on where you are in the process. Review in federal district court under the Administrative Procedure Act asks whether the agency acted arbitrarily, capriciously, or contrary to law, which is a different question from whether the Administrative Appeals Office would decide the petition differently. This office has filed those suits. Prior results do not guarantee a similar outcome and every case is decided on its own record.