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Stay of Deportation or Removal: A Last Line of Defense

Many people believe that when an immigrant is ordered removed from the United States by an immigration judge, that they are immediately removed. The truth is that the United States doesn’t have the resources to physically remove the countless non-citizens who have been ordered removed. There is one arrow left in the quiver of many non-citizens that may enable them to stay and even obtain employment authorization for a finite period of time. It is call a Stay of Deportation or Removal.

A Stay of Deportation or Removal is humanitarian grant by the Department of Homeland Security, Immigration and Customs Enforcement (DHS/ICE). It is basically their agreement to hold off on effecting the removal order for a period of time, to be determined by them.

A non-citizen who has been ordered removed by an immigration judge can request a stay of removal by submitting Form I-246, Application for a Stay of Deportation or Removal to the local Enforcement and Removal Operations (ERO) office. The application must be supported by ample documentary evidence supporting the reasons for the request.

ICE will grant a Stay of Removal for humanitarian reasons that apply to the applicant or to a United States Citizen or Lawful Permanent Resident family member. For example, if the alien who was ordered removed is the sole caretaker for a very sick and dependent United States Citizen parent, ICE may grant a stay of removal to allow the alien to work and take care of the sick U.S.C. family member.

The current fee charged by ICE for filing an I-246 is $155. If you would like more information on filing an application for a stay of removal, call us to set up a consultation at 904-642-3332.