AH Law Firm | Immigration Attorneys

Receiving a final order of removal can leave you worried about how much time you have and whether there are any options to remain in the United States. Depending on your circumstances, one option may be to request a Stay of Removal , which asks U.S. Immigration and Customs Enforcement (ICE) to temporarily postpone your removal. A stay does not cancel a removal order or automatically give you lawful immigration status. Instead, if granted, it temporarily prevents ICE from carrying out the removal while the stay remains in effect. What Is a Stay of Removal? A Stay of Removal is a request asking ICE to temporarily delay the enforcement of a deportation or removal order. Individuals who have been ordered removed or deported may request a stay using Form I-246, Application for a Stay of Deportation or Removal . Whether ICE approves the request is discretionary and depends on the circumstances of the individual case. If you have received a final removal order, speaking with a deportation de...

  Entering the United States without being inspected at a port of entry does not, by itself, prevent someone from seeking asylum. However, being allowed to apply does not mean asylum will automatically be granted. Applicants must meet the legal requirements for asylum and follow applicable filing and procedural rules. If you entered the United States without inspection and are considering asylum, understanding the process early can help you determine what steps to take next. Can You Apply for Asylum After Entering Without Inspection? In general, a person may seek asylum regardless of their immigration status or how they arrived in the United States, subject to applicable asylum laws, restrictions, and eligibility requirements. To qualify for asylum, an applicant generally must establish persecution or a well-founded fear of persecution based on a protected ground, such as race, religion, nationality, political opinion, or membership in a particular social group. Because every asylu...