motion to reopen for religious person
motion to reopen for religious person. Sua sponte MTR granted and AOS approved. AOS previously denied because of the 3/10 year bar. We argued that Client was not subject to the 3/10 year bar because
(1) he was previously granted a waiver under 212(d)(3),
(2) he was not seeking admission but adjustment of status, and
(3) USCIS was estopped from arguing he is inadmissible because he was already admitted. 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. The regulations for motions to reopen and motions to reconsider are located at 8 C.F.R. § 103.5. You can expect a response from the USCIS office within 90 days of filing your motion. Grounds of and period for filing motion for reconsideration. Within the period for taking an appeal, the aggrieved party may move for reconsideration upon the grounds that the evidence is insufficient to justify the decision or final order, or that the decision or final order is contrary to law.
