A motion for reconsideration is filed when immigration or the immigration judge erred either in its interpretation of the law or in its interpretation of the facts.
With a motion of reconsideration, it is important to argue why the decision is wrong. Usually you can only file a motion for reconsideration and a motion to reopen. That is why it is important to have the help of your lawyer in order not to lose the opportunity.
A motion to reopen may be filed when immigration has denied a case or has ordered the deportation.
The purpose of a motion to reopen is when you have new evidence to present to the immigration judge that was not available at the time that the decision was made. A motion to reopen is the remedy when someone has an order of deportation, but qualify for the residence. The motion to reopen serves to remove the deportation.
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