Definition
A request for the deciding body to reopen a case based on new facts supported by affidavits or other documentary evidence. In practical use, the term should be read in the context of EB-1A, O-1A, EB-2 NIW and the authority governing the particular filing.
Context
Motion to Reopen is best understood as a defined part of a larger immigration framework, not as a stand-alone promise of eligibility. A request for the deciding body to reopen a case based on new facts supported by affidavits or other documentary evidence. The important question is what the term requires or helps prove in the particular petition, application, notice, or status inquiry.
Terminology is most reliable when tied to a source and a precise question. Current regulations and official instructions govern, while examples and practical explanations help show how the concept is ordinarily documented or distinguished from related ideas.
Key points
- Identify the precise classification, form, procedural stage, or legal element in which the term is being used.
- Use current official instructions and authority; fees, filing locations, processing information, and agency procedures can change.
- Explain what each cited document proves instead of relying on the term’s label or the volume of exhibits.
- Keep factual claims consistent across forms, letters, exhibits, timelines, and responses.
- Distinguish this term from Motion to Reconsider; similar language can describe a different document, standard, or procedural effect.
Practical example
Hypothetical example: A founder reviewing a EB-1A, O-1A, EB-2 NIW draft notices that “Motion to Reopen” is stated as a conclusion. The draft is revised to cite the governing source and explain the supporting documents and their limits. USCIS would still decide the issue from the complete filing.
Common misconception
Motion to Reopen should not be read as granting benefits beyond the action or procedure it actually describes.
Often confused with
Go further
Merito is not a law firm and does not offer legal advice or predict approval odds. This is a readiness review to help you and your attorney strengthen your case.