WHAT NON-CITIZENS NEED TO KNOW ABOUT REQUESTING A STAY OF REMOVAL TO PREVENT DEPORTATION

An Application for a Stay of Deportation or Removal, often referred to as a Stay of Removal, provides immigrants with a temporary postponement of forced removal from the United States. To potentially avoid immediate deportation, a Stay of Removal may be filed with the U.S. Immigration and Customs Enforcement (ICE) to present a justification of why you should be allowed to remain in the country.

Completing this process is not easy. It is often completed at the last minute and under considerable stress and fear of being deported, so having professional support from someone with experience in immigration law is crucial. Contact TCB Legacy Law for help completing and submitting a Stay of Removal application.

Who Can Apply for a Stay of Removal?

If you have been ordered to be removed or deported from the U.S., you may submit an application for a Stay of Removal to ICE. It's important that you submit a separate application for each family member who is facing deportation. Applications, completed on Form I-246, must be submitted in person to the local Enforcement and Removal Operations Field Office. The Field Office may agree to receive the application by mail or delivery, but you should contact them to ask before relying on another submission method since failing to deliver the application in person may lead to your form being rejected.

What Documents Need to be Included with a Form I-246?

The application is not the only document you will need to submit to request a stay of removal. You will also need to submit one of the following:

Your Original Passport

It must be valid for at least six months beyond the time period that is requested.

A Copy of Your Passport

The same six-month requirement applies here, plus you will need to provide a copy of your birth certificate or another type of document that verifies your identity.

Proof of Passport Application

If you do not have a valid passport and one is required by your country of citizenship, you must submit a copy of your passport application, proof you paid the fee, and copies of all documentation you included in your passport application.

ICE requires that applicants also submit documentation regarding medical and legal issues with their I-246. This may include the following:

• If your request for a stay of removal is based on a medical condition, you will be required to provide supporting documentation, such as medical records showing your diagnosis, prognosis, and treatment needs.
• You will need to submit police reports and evidence of any arrests, as well as judgment and sentencing documents if you have been convicted of a crime.

In addition to the third-party documentation required as part of this application process, you are also required to write a summary of why you are requesting a stay of removal. If you have additional documents to support your request, you may include them with your Form I-246.

Reasons a Stay of Removal May be Rejected or Denied

If you file your application at the wrong office location, provide the incorrect fee amount, forget to sign your name, or include more than one person on a single application, ICE may reject your Form I-246. Mistakes on the form and failure to follow correct submission procedures often lead to rejection of the application, so be sure to adhere carefully to all requirements.

Even if you complete the Form I-246 correctly, your application may be denied due to the following:

• Failure to submit medical documents that establish your need to stay in the U.S.
• Forgetting to include a summary explaining why you are applying for a stay of removal
• A criminal history or record of any criminal activity
• Threats being made to yourself, other people, or organizations
• False information being provided on the form

The decision to grant or deny a stay of deportation or removal is completely up to the Secretary of Homeland Security or others designated to perform this function, including the local Enforcement and Removal Operations Field Office Directors and their designees. You cannot appeal a denial.

When Might Extra Steps be Necessary to Protect Against Deportation?

A Stay of Removal is a vital lifeline for immigrants facing deportation, allowing them what is often a last chance at staying in the country. For some immigrants, a Form I-246 may be especially helpful if they fall into one of the following categories:

• A removal order has been issued previously
• Contact was made at the U.S. border that may have been related to expedited removal
• You agreed to voluntary departure but did not leave when required

If you are currently in the U.S. without an immigration status and any of the above categories apply to you, ICE may be able to apprehend and deport you without a hearing. Submitting an Application for a Stay of Deportation or Removal can delay deportation temporarily while ICE reviews the request. Requesting a stay of removal is not always the best option, and it can be harmful if used in the wrong situations. Contact an immigration attorney for guidance.

Can a Stay of Removal be Revoked After Approval?

Typically, a stay of removal lasts for one year, but it may be revoked for any reason at the discretion of ICE and its representatives. Common reasons for revocation include new criminal convictions and arrests. If your Form I-246 is approved, you will be issued an Order of Supervision with conditions you must comply with to remain in the country. Violating these conditions can also lead to ICE revoking your stay of removal.

LEGAL HELP IS AVAILABLE FOR NON-CITIZENS FACING DEPORTATION

Remember, an application for a Stay of Removal is not always the only or the best option, so it's highly recommended that you seek legal advice from an immigration lawyer. Contact TCB Legacy Law or call 954-302-8989 to schedule a consultation to discuss the available avenues for preventing deportation.