Appeals and Judicial Review

Understanding Reconsideration Requests

When an application for a visa, permit, or other immigration status is denied, applicants have the option to request reconsideration. This process allows the original, non-adjudicative administrative decision-maker to review the decision to determine whether it should be altered. Reconsideration is not a guaranteed right and is typically granted only when it is in the interests of justice to do so, due to the unusual circumstances of the case, because of a potential error in law or fact, or because new and material evidence has come to light that could impact the original decision.

When to Request Reconsideration

A request for reconsideration is appropriate when there are grounds to believe that the original decision was flawed. For instance, if the decision-maker failed to consider important evidence, misinterpreted the facts, or did not follow proper legal procedures, a reconsideration may be warranted. Additionally, if new evidence that was not available at the time of the original decision has since become available and could significantly impact the outcome, a reconsideration request may be justified.

The Reconsideration Process

The process begins with submitting a detailed request to the decision-maker, explaining why reconsideration is being sought and providing any new evidence or arguments. The request should clearly outline the perceived errors or new information that warrants a review. The decision-maker has the discretion to either reopen the case or deny the request. If the decision-maker agrees to reconsider the decision, they will review the original application, reconsider the decision on its merits along with the new submissions, and issue a new decision.

Factors Considered in Reconsideration

When deciding whether to grant reconsideration, the decision-maker will consider several factors, including:

• Whether the original decision complied with the principles of natural justice and procedural fairness.
• Whether the applicant has provided new, material evidence that was not previously available.
• Whether there were any clerical or factual errors in the original decision.
• The timing of the reconsideration request relative to the original decision.

Why Legal Representation is Important

Requesting reconsideration is a nuanced process that requires a deep understanding of immigration law and procedure. Our knowledgeable and skilled immigration lawyers can help you prepare a compelling request, ensuring that all relevant factors are clearly and persuasively presented. Our experienced legal team can also help determine whether reconsideration is the best course of action or if other legal avenues, such as filing a new application or seeking judicial review, may be more appropriate.