Stay of Removal | Understanding a Stay of Removal Process | Rosina Stambaugh
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Stay of Removal

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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.

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

Let Our Firm Protect Your Rights & Future

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.

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