How to File a Motion to Reopen Based on an Approved I-130

A motion to reopen based on approved I-130 asks the immigration judge, the Board of Immigration Appeals, or USCIS to revisit a closed case because a qualifying family petition has now been approved. You generally have 90 days from the final removal order to file, you get only one motion, and filing does not stop your removal on its own. The approved Form I-130 counts as the new fact that justifies reopening, but you also have to show you would likely qualify for the underlying relief, usually adjustment of status.

The 90-Day Deadline and the One-Motion Limit

Federal law permits one motion to reopen per case, and it must be filed within 90 days of the final administrative order of removal.¹ The immigration court regulations carry the same deadline and cap.²

Count the days from the date the order became final. Missing the window is the most common reason these motions fail. And because you get one shot, a weak filing is worse than a delayed strong one within the deadline: a denied motion generally forecloses filing another later with better evidence.

If You’re Already Past 90 Days

Several recognized exceptions can lift the deadline. If you’re outside the window, one of these has to fit.

Changed Country Conditions

There is no time or number limit on a motion to reopen for asylum or withholding of removal based on changed conditions in your home country, provided the evidence is material and was not available or discoverable at the earlier hearing.¹ This exception is narrow and doesn’t cover an I-130 by itself.

VAWA and Battered Spouses, Children, and Parents

Survivors of abuse pursuing relief under the Violence Against Women Act or cancellation of removal can file within one year of the final order, and the Attorney General may waive even that limit for extraordinary circumstances or extreme hardship to a child. The person must be physically present in the United States.¹

Equitable Tolling

Courts can pause the 90-day clock when circumstances outside your control prevented timely filing. You must show you pursued your rights diligently and that extraordinary circumstances stood in the way.³ Tolling is granted sparingly. A shift in the law generally does not qualify on its own.

Ineffective Assistance of Counsel

If your prior lawyer’s errors caused the missed deadline or the removal order itself, you can seek reopening under Matter of Lozada, but you have to complete three procedural steps before the merits are considered:⁴

A detailed sworn affidavit describing what the attorney agreed to do and what went wrong.
Notice to the former attorney with a chance to respond, and any response filed with the motion.
A bar disciplinary complaint, or an explanation of why none was filed.

You also have to show the errors actually prejudiced the outcome. Skipping any Lozada step gives the adjudicator an easy denial.

Sua Sponte Reopening

An immigration judge can reopen a case on their own initiative at any time, without regard to the deadline or one-motion cap.² Convincing a judge to use this authority is hard and requires exceptional circumstances, but it may be the only route left if no other exception applies.

Where to File and What It Costs

File with the body that issued the last decision in your case. Getting this wrong wastes filing fees and time.

Immigration court (EOIR): if an immigration judge ordered removal and there was no appeal. The motion to reopen fee is $1,065.⁵
Board of Immigration Appeals: if the BIA issued the final decision on appeal. The fee is $1,030.⁵
USCIS: if USCIS denied a petition or application rather than an immigration judge ordering removal. Use Form I-290B; the fee varies by underlying case type, so check the current schedule before filing.⁶

EOIR fee waivers are requested on Form EOIR-26A for filers who can show financial hardship. USCIS uses a different fee waiver process; check the I-290B instructions. A filing without the correct fee or an approved waiver will be rejected.

What the Motion Has to Prove

The regulations require a motion to reopen to present new facts supported by affidavits or documentary evidence. For USCIS filings, the new facts must not have been available or discoverable at the earlier decision.⁷ In immigration court, the statute requires the motion to state the new facts that will be proven at a hearing if it is granted.¹

An I-130 approved after your hearing is a textbook new fact. But the approval alone is not enough. Motions to reopen are discretionary, and the filer carries what the Board has called a heavy burden of showing that the new evidence would likely change the result.⁸ That means establishing a prima facie case for the actual relief you’re pursuing. For adjustment of status, you have to show a visa is available, that you’re admissible, and that you meet the other adjustment requirements. A judge will not reopen a case only to deny adjustment on other grounds.

If your original proceedings involved a fraud or misrepresentation finding, address it head-on. Evidence rebutting the finding or documenting rehabilitation matters. Ignoring it almost guarantees denial even with a clean I-130 approval.

What to File With the Motion

The I-130 Approval

The centerpiece is the Form I-797 Notice of Action showing approval of the I-130.⁹ Include the approval notice and, if you have them, the receipt notice and related correspondence showing when the petition was filed. That timeline documents that the approval was not available during the earlier proceedings.

Evidence of Eligibility for the Underlying Relief

For adjustment of status, expect to include Form I-864 affidavits of support with tax returns and employment verification, proof of continuous family ties, and evidence of admissibility. If hardship to a qualifying relative is relevant, sworn statements describing the impact of removal can carry real weight.

Immigration History

Provide a clear record of prior applications, hearings, and decisions. If there are adverse findings, don’t hide them. Explain how the new evidence changes the analysis.

Certified Translations

Any foreign-language document needs a full English translation with a signed certification from the translator stating the translation is complete and accurate and that they are competent to translate.¹⁰ Stamps, seals, and handwritten notes must all be translated. Missing or incomplete certifications let adjudicators disregard the evidence.

Filing Does Not Stop Your Removal

This is the trap. A motion to reopen does not automatically pause your removal order. Except for in absentia cases, execution of the order proceeds unless a stay is separately granted by the immigration judge, the BIA, or an authorized DHS officer.² ICE can remove you while your motion is pending unless you have a stay in hand.

Ask the immigration judge for a stay along with the motion to reopen. If ICE has already scheduled your departure, you can also file Form I-246, the Application for a Stay of Deportation or Removal, with your local ICE Enforcement and Removal Operations field office. Form I-246 carries a $155 fee and requires identity documents and a written statement explaining why the stay should be granted.¹¹ If approved, you may be placed on an Order of Supervision and required to post a bond of at least $1,500.

One narrow exception: if the order was entered in absentia because you didn’t appear, filing a motion to reopen that order automatically stays removal while the motion is pending.²

Keep Your Address Current With the Court

While the motion is pending, any change in your address or contact information must be reported to the immigration court within five working days using Form EOIR-33/IC.¹² The court will not update your address from other filings, and you have to serve a copy on DHS. A notice sent to an old address that you miss can result in an in absentia order and undo the entire motion.

If the Motion Is Granted

Granting the motion sets aside the removal order and puts the case back on the active calendar. You’ll get a new hearing where you can present the underlying application for relief, most often adjustment of status based on the approved I-130. Reopening is not the same as winning. You still have to prove eligibility, and the government can still oppose the relief. But for someone who was facing a final order with no path forward, a granted motion is the door back to court.

1
Office of the Law Revision Counsel. 8 USC 1229a – Removal Proceedings
2
eCFR. 8 CFR 1003.23 – Reopening or Reconsideration Before the Immigration Court
3
Justia Law. Holland v Florida, 560 US 631 (2010)
4
Department of Justice. Matter of Lozada, 19 I&N Dec 637 (BIA 1988)
5
Executive Office for Immigration Review. Types of Appeals, Motions, and Required Fees
6
U.S. Citizenship and Immigration Services. I-290B, Notice of Appeal or Motion
7
eCFR. 8 CFR 103.5 – Reopening or Reconsideration
8
Department of Justice. Matter of Coelho, 20 I&N Dec 464 (BIA 1992)
9
U.S. Citizenship and Immigration Services. Form I-797 Types and Functions
10
eCFR. 8 CFR 103.2 – Submission and Adjudication of Benefit Requests
11
U.S. Immigration and Customs Enforcement. Application for a Stay of Deportation or Removal (ICE Form I-246)
12
EOIR Respondent Access. Change of Address Form (EOIR-33/IC)