How to File a Stay of Removal to Halt Your Deportation and Removal? Here’s the Truth You Need to Know
Shawn Sedaghat, Esq.
Hey there! If you’re feeling stressed about a removal order or facing deportation or removal from the U.S., don’t panic just yet. You’ve got options! One of the most helpful tools you can use to buy yourself more time and keep from being deported is called a stay of removal request. This legal action can be a game-changer for you and your family, and I’m here to break it all down for you in a way that’s easy to understand.
What Is a Stay of Removal Request?
So, what exactly is a stay of removal? Think of it as hitting the “pause” button on your deportation. A stay of removal request is a formal request to temporarily stop the process of deportation or removal from the United States. It’s not a permanent solution, but it’s a way to put everything on hold while you or your immigration lawyer figure out the next best steps.
When you file for a stay of removal, you’re asking immigration authorities to hold off on removing you from the country for a specified period of time. During this period, you can work on resolving your case, whether that involves gathering new evidence, filing an appeal, or even seeking a more permanent legal status. And the good news is that once a stay is approved, Immigration and Customs Enforcement (ICE) has to stop your deportation process for that time.
Who Can File for a Stay of Removal?
Not everyone who is in the U.S. illegally can file for a stay of removal. To be eligible, you need to have an active removal order against you. This order can be issued by an immigration judge, the Board of Immigration Appeals (BIA), or even a federal court.
But here’s the catch: Each family member who’s facing deportation or removal needs to file their own Form I-246. So if both you and your spouse are in the same boat, you each have to submit a request separately.
What’s Form I-246 and Why Is It Important?
Now, let’s talk about the form that makes this process possible—Form I-246. This form is what you file to request a stay of removal. You can pick it up at your local Enforcement and Removal Operations (ERO) office or download it from the ICE website. Completing this form correctly is the first step in ensuring that your request is even considered.
Here’s what you need to include with your Form I-246:
- A valid passport (or proof that you’ve applied for one)
- Copies of birth certificates or other identity documents
- Medical records (if you’re citing medical reasons for your stay)
- Court records if you have a criminal record
- Letters of good moral character from community members or family
- Documents showing the dangerous or difficult conditions in your home country
All this documentation helps strengthen your request and gives the immigration authorities a clearer picture of why granting your stay is justified.
How Do You File a Stay of Removal?
Filing a stay of removal request isn’t as complicated as you might think, but you do need to be careful. You’ll have to file Form I-246 in person at your nearest ERO office, so you can’t just pop it in the mail or do it online. Make sure you’ve gathered all the necessary paperwork, like we talked about earlier, and double-check everything. Trust me, you don’t want to have your request delayed because you forgot something.
Also, there’s a fee of $155, which can be paid by money order, cashier’s check, or even cash. When paying, make sure the check is made out to the Department of Homeland Security.
What Happens After Filing?
Once you’ve filed your stay of removal request, the waiting game begins. But don’t worry! You’re not completely in limbo. If your request is approved, ICE will temporarily halt your deportation. During this specified period, you’ll likely be placed under supervision. This means that ICE will check in on you from time to time, and you might be required to follow certain rules. These could include notifying them of changes in your situation, reporting to ICE regularly, or even posting a bond.
In some cases, your stay of removal might also allow you to apply for an employment authorization document (EAD), which means you can legally work while your stay is in place. That’s a huge bonus, right?
Why Do Requests Get Denied?
Even though you’re doing everything right, there’s always the possibility that your stay of removal request could be denied. Some of the common reasons for denial include:
- Incomplete or missing documents: If you forget to submit key paperwork like a passport or birth certificate, your request might be rejected.
- Incorrect fees: Make sure you pay the exact fee amount. An incorrect payment could cause your request to be thrown out, and the fee is non-refundable.
- Criminal history: If you have a significant criminal record, especially for violent or serious crimes, your request may be denied.
- False information: Providing inaccurate or misleading information on your Form I-246 is a big no-no and can lead to an automatic denial.
Even if your stay of removal is denied, this doesn’t necessarily mean the end. You can still consult an experienced immigration attorney for further advice and explore other legal options that might be available to you.
What Happens If Your Stay of Removal Is Approved?
If you’re lucky enough to have your stay of removal approved, congratulations! But hold on—it’s not a permanent fix for deportation or removal. What you’ve got is a temporary reprieve, and ICE can still revoke it if you break the rules.
During this specified period, you’ll need to follow the conditions laid out in your Order of Supervision. For example, you may be required to check in with ICE regularly and notify them of any significant changes in your life, like moving to a new address. You might also be asked to post a bond, which could range from $1,500 and up depending on your situation.
If you stick to the terms of your supervision, you’ll be allowed to stay in the U.S. temporarily. But if ICE finds any reason to revoke the stay—like you being arrested or providing false information—they can move forward with your deportation immediately.
Can a Stay of Removal Be Revoked?
Yes! Having a stay of removal isn’t like having a permanent shield against deportation. ICE can revoke it for several reasons, including:
- Criminal activity: If you’re arrested or convicted of a crime during your stay of removal, ICE can revoke your stay and proceed with deportation.
- Failure to follow supervision terms: If you miss your check-ins with ICE or fail to report major life changes, your stay could be revoked.
- False information: If ICE discovers that you provided false or incomplete information when you filed for the stay, they can immediately revoke it.
It’s important to stay on top of everything and ensure that you’re complying with all the conditions of your supervision. This will keep your temporary stay in place while you explore more long-term solutions.
Conclusion
Filing for a stay of removal is one of the most important actions you can take if you’re facing deportation or removal. It gives you time to regroup, gather new evidence, and fight for your right to remain in the U.S. However, it’s crucial to follow every step carefully and submit all the necessary documents, including Form I-246.
Whether your stay is approved or denied, don’t go through this alone. Consult an experienced immigration attorney to help guide you through the process and explore all your options. Remember, this is your life we’re talking about—stay informed, stay vigilant, and never give up on your path to finding the right immigration solution for you.
FAQs
What is a stay of removal request?
A stay of removal request is a formal request to temporarily stop a deportation or removal process. It’s filed through ICE, and if approved, it halts deportation for a specified period of time while other legal options are explored.
Who can file Form I-246?
Anyone with an active removal order can file Form I-246 to request a stay of removal. However, each family member must file a separate form if multiple people are facing deportation.How long does a stay of removal last?
The duration of a stay of removal varies, but typically it’s granted for a specified period of time, usually six months to one year. It can be renewed depending on the case.Can a stay of removal be revoked?
Yes, ICE can revoke a stay of removal if the individual violates the terms of their supervision, is arrested, or provides false information in their application.What happens if my stay of removal request is denied?
If your stay is denied, you may still have legal options. Consult an experienced immigration attorney to explore appeals, new applications, or other forms of relief.