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Stay of Removal Lawyer
Call 717-900-1818 for Experienced Legal Counsel in Pennsylvania
If you are an immigrant with a previous deportation order, even if you are unable to reopen your case, you may still have hope for temporarily stopping your removal from the United States.
If you are currently in this situation, you can file a “stay of removal” with the Enforcement and Removal Operations (ERO) or the deportation office. The stay of the removal needs to be well-documented, and it is important to have an experienced lawyer throughout the process.
A stay of removal does the following:
- Prevents a foreign national from being removed by Immigration and Customs Enforcement (ICE)
- Only granted by an immigration judge, the Board of Immigration Appeals (BIA), the Department of Homeland Security (DHS), or a federal court
- Granted when motions to reopen or reconsider are filed
- Granted when a removal order is appealed to the BIA and extended for the remainder of the appeal process
- Requested by foreign nationals who have been ordered out of the country
If you have been ordered to depart the United States, The Law Office of Rosina C. Stambaugh is prepared to fight for you. Our York immigration attorney has a thorough understanding of federal immigration law to help you navigate the complexities of the legal system.
Key Takeaways
- What a Stay Does: A stay of removal is a temporary halt to deportation that prevents ICE from carrying out removal; it does not grant permanent legal status. It can be issued by an immigration judge, the BIA, DHS, or a federal court, and is often available while a motion to reopen/reconsider or an appeal is pending.
- Who Can Request It: Individuals with prior removal orders may request a stay—even if the case cannot be reopened. It’s available to people in detention and those released on an “order of supervision,” and those reporting under supervision often have a better chance because ERO has deemed the case low priority.
- How to Request It: File Form I-246 at your local ERO office (include a valid passport if ERO does not have the original on file). Support your request with evidence such as a translated birth certificate; marriage license and children’s birth certificates; proof of family members’ legal status; medical and school records; letters of good moral character; country-conditions documentation; proof of your entry; and any criminal-record documentation.
What is a Stay of Removal Order
A stay of removal refers to a temporary halt or postponement of deportation or removal proceedings against an individual. It is typically granted by immigration authorities or a court and allows the individual to remain in the country for a specified period of time.
Stays of removal are often granted for various reasons, such as pending legal appeals, humanitarian concerns, or to allow individuals to pursue other legal remedies. The granting of a stay of removal does not typically provide permanent legal status but rather offers a temporary reprieve from deportation.
The Process for Requesting a Stay of Removal
A stay of removal is available to immigrants who are currently detained, as well as those who were released on an “order of supervision.” Those who are reporting on an order of supervision have a better chance of being granted a stay of removal since the ERO already determined that their case is low priority.
A request for a stay of removal is filed at the local ERO office. You or your lawyer needs to complete Form I-246. If the ERO does not have your original passport on file, you need to submit the application with your valid passport.
The request for a stay of removal should include the following identification documents:
- Translated birth certificate
- Your marriage license and birth certificates of children
- Proof of legal status of family members
- Documentation of medical illness
- School records
- Letters of good moral character from community members
- Documentation of conditions in your native country
- Documentation of your entry
- Documentation of your criminal record
Ensure Your Stay in the U.S. – Get Expert Legal Help Now
Our immigration attorney will review your case and determine all of your available legal options besides a stay of removal. If there are no other options and you have met all the requirements in your case, we will prepare the request for a stay of removal, gather the necessary evidence, and attend your appointment at ERO with you to submit the stay in person.
We will be in constant communication with the ERO regarding your case. Contact us and schedule your initial consultation today.
Stay of Removal FAQ
A stay of removal is a temporary order that prevents deportation while your immigration case or appeal is still being reviewed.
Individuals facing imminent deportation who have a pending immigration case, appeal, or motion may be eligible to request a stay of removal.
You typically must file Form I-246 with ICE, along with supporting documents and the required filing fee.
A stay may last until your case is decided or for a specific time period. In some cases, it may need to be renewed.
No. A stay of removal is temporary and does not provide permanent legal status or immigration benefits.
Authorities may consider humanitarian concerns, family ties, medical issues, length of residence, and the strength of your immigration case.
Yes. A stay of removal is discretionary and may be denied based on the facts of your case.
No. A stay of removal does not automatically grant work authorization. A separate application is required for employment eligibility.
If your stay expires and is not renewed, you may again be subject to deportation proceedings or removal.
While not required, an immigration lawyer can greatly improve your chances by preparing a strong application and supporting evidence.
Facing deportation and need urgent help with a stay of removal?
Contact Our Office Today