We understand how stressful it can be when you or a loved one is facing deportation from the United States. One legal tool that can provide critical relief in these situations is a Stay of Removal. This legal protection can temporarily stop deportation, giving individuals valuable time to address their immigration case.
In this guide, we will explain what a Stay of Removal is, when it may apply, how to request one, and why working with an experienced immigration attorney can make a difference in the outcome of your case.
What is a Stay of Removal?
A Stay of Removal is a temporary halt to the government’s ability to deport an individual from the United States. When a stay is granted, Immigration and Customs Enforcement (ICE) cannot execute the removal order while the stay is in effect. This pause can provide time to pursue legal remedies, such as appeals, motions to reopen, or other immigration benefits that may make you eligible to remain in the U.S. legally.
Who Can Request a Stay of Removal?
Not everyone facing deportation is automatically eligible for a stay. A request may be made by:
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Individuals with final orders of removal who have pending legal challenges
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People seeking protection under asylum, withholding of removal, or the Convention Against Torture
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Noncitizens who can show significant humanitarian reasons to remain in the U.S., such as serious medical conditions or family hardship
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Individuals pursuing adjustment of status or other immigration relief that may impact their removal order
The eligibility for a Stay of Removal often depends on the specific facts of your case, your immigration history, and the type of relief you are pursuing.
How to Request a Stay of Removal
There are different ways to request a stay, depending on the agency handling your case.
Administrative Stay (Form I-246)
If ICE is actively enforcing your removal, you may file Form I-246, Application for a Stay of Deportation or Removal, directly with the local ICE Enforcement and Removal Operations (ERO) office. This application must be carefully prepared and supported by strong evidence showing why your removal should be delayed.
Judicial Stay
If your case is before a federal court, your attorney may request a judicial stay. This is typically part of an appeal or motion for review and must be filed promptly to prevent removal while the court considers your case.
Automatic Stays in Certain Situations
Some legal filings, such as specific types of motions to reopen, may trigger an automatic stay. However, this is not guaranteed, and the rules vary depending on your circumstances.
Factors That Influence Approval
A Stay of Removal is discretionary, meaning immigration authorities are not required to grant it. They may consider:
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Strength of your underlying immigration case
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Ties to the community and U.S. family relationships
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Criminal history, if any
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Evidence of good moral character
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Risk of flight or threat to public safety
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Humanitarian factors such as medical needs or caregiving responsibilities
Providing thorough documentation and persuasive legal arguments is essential to increasing your chances of success.
Why a Stay of Removal is Important
A granted stay does more than delay deportation—it provides a critical opportunity to:
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Protect your legal rights while pursuing appeals or other relief
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Avoid being separated from your family while your case is pending
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Maintain access to necessary medical care or community support in the U.S.
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Allow your attorney to present the strongest possible case on your behalf
Without a stay, ICE could proceed with removal before you have had a fair opportunity to resolve your legal matters.
Frequently Asked Questions About Stay of Removal
1. What is the difference between a Stay of Removal and a Motion to Reopen?
A Stay of Removal temporarily pauses deportation, while a Motion to Reopen asks the court to review your case again. Filing a Motion to Reopen does not always stop removal unless a stay is granted.
2. How long does a Stay of Removal last?
The duration depends on the type of stay. Administrative stays granted by ICE may last up to one year, while judicial stays remain in effect until the court makes a ruling.
3. Can a Stay of Removal be renewed?
Yes, in many cases, you can request a renewal if the circumstances requiring the stay still exist. Renewal requests must be filed before the current stay expires.
4. Does filing Form I-246 guarantee that ICE will stop my removal?
No. Form I-246 is a request, and approval is at the discretion of ICE. Strong supporting evidence increases the likelihood of success.
5. Can I work legally in the U.S. with a Stay of Removal?
A stay itself does not grant work authorization. However, if you have another valid immigration status or pending application that allows work, you may still be eligible.
6. Will a Stay of Removal affect my pending asylum case?
A stay can prevent deportation while your asylum case is pending, giving you more time to present your evidence. However, it does not guarantee asylum approval.
7. What happens if ICE denies my Stay of Removal request?
If denied, ICE may proceed with removal immediately. It is important to consult an immigration attorney to explore appeals or other urgent legal options.
8. Can family hardship be a reason for a Stay of Removal?
Yes. ICE may consider factors like U.S. citizen children, a spouse with medical needs, or elderly dependents who rely on your care.
9. Can I file for a Stay of Removal on my own?
You can, but due to the complexity of immigration law and the high stakes involved, it’s strongly recommended to work with an experienced immigration lawyer.
10. How soon should I apply for a Stay of Removal after receiving a deportation order?
Immediately. Delaying can reduce your chances of approval, and ICE may act quickly to enforce the removal order.
How Rebecca Black Immigration, PA Can Help
Applying for a Stay of Removal is time-sensitive and legally complex. At Rebecca Black Immigration, PA, we bring years of experience in protecting clients from premature deportation. We can help you by:
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Reviewing your immigration history and current legal status
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Preparing and filing Form I-246 or judicial motions for a stay
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Gathering compelling evidence and legal arguments
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Communicating with ICE, immigration courts, or federal courts on your behalf
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Exploring all available immigration relief options to secure your right to remain in the U.S.
We understand that every case is unique, and we work tirelessly to protect our clients from unnecessary removal.
Take Action Before It’s Too Late
If you or a loved one has received a deportation order, do not wait until ICE knocks at your door. The sooner you contact an immigration lawyer, the more options you may have to protect yourself and your family.
At Rebecca Black Immigration, PA, we stand ready to fight for your right to remain in the United States. Call us today to schedule a consultation and learn how we can help you seek a Stay of Removal and pursue your immigration goals.
