Motions to Reopen and Reconsider Generally

If the Administrative Appeals Office (AAO) issues an unfavorable decision, the appellant may file a motion to reopen the proceeding, a motion to reconsider the decision, or a combined motion to reopen and reconsider. The AAO may also reopen a proceeding or reconsider one of its prior decisions on its own motion.

Unlike appeals, which ask a different authority to review and reverse a decision, motions request a review by the authority that issued the latest decision in the proceeding. Therefore, a U.S. Citizenship and Immigration Services (USCIS) field office has jurisdiction over motions relating to its decisions, and the AAO has jurisdiction over motions relating to its decisions.



A motion to reopen is based on documentary evidence of new facts. Alternatively, a motion to reconsider is based on a claim of incorrect application of law or policy to the prior decision.

Motions to Reopen

A motion to reopen must state new facts and be supported by documentary evidence. Resubmitting previously provided evidence or reasserting previously stated facts will not meet the requirements of a motion to reopen. 

Motions to Reconsider

A motion to reconsider must establish that the AAO based its decision on an incorrect application of law or policy, and that the decision was incorrect based on the evidence in the record of proceedings at the time of the decision.The AAO will not consider new facts or evidence in a motion to reconsider.

A motion to reconsider must be supported by a pertinent precedent or adopted decision or regulatory provision, or statement of USCIS or Department of Homeland Security policy. Citing to an authority that is not relevant to the issues raised on motion will not meet the eligibility requirements of a motion to reconsider.

Combined Motions to Reopen and Reconsider

Appellants may file a combined motion to reopen and reconsider. The AAO will consider each motion independently. The AAO may grant both motions, grant one motion but deny the other, or deny both motions.

Source: uscis.gov