How to Request a Stay of Removal (Deportation)

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 defense lawyer in Queens can help you understand whether requesting a stay or pursuing another form of immigration relief may be appropriate for your situation.

Who Can Request a Stay of Removal?

According to ICE, a person who has been ordered deported or removed from the United States may submit Form I-246 to request a stay.

The reasons for requesting a stay will differ from one case to another. A request may involve circumstances such as:

• A pending immigration matter or request for relief
• Significant medical circumstances
• Family or humanitarian considerations
• Other circumstances supporting a temporary delay in removal

ICE may consider the applicant’s immigration history, criminal history, supporting evidence, and other circumstances when reviewing the request.

How to Request a Stay of Removal

1. Complete Form I-246

Form I-246 is ICE’s Application for a Stay of Deportation or Removal.

The application generally must be submitted to the appropriate ICE Enforcement and Removal Operations (ERO) Field Office. If you are detained, the appropriate office is generally the ERO Field Office with jurisdiction over your custody. If you are not detained, ICE directs applicants to the ERO Field Office closest to their residence.

2. Gather Supporting Evidence

The documents you provide should help explain why ICE should temporarily postpone your removal.

Depending on your circumstances, supporting evidence may include:

• Medical documentation
• Evidence relating to family or humanitarian circumstances
• Information concerning your immigration history
• Documents concerning arrests or convictions, when applicable
• Evidence related to other pending immigration matters
• A written explanation of why you are requesting the stay

The evidence needed will depend on the facts of your case.

3. Pay the Form I-246 Filing Fee

ICE currently lists the processing fee for Form I-246 as $155. Because immigration fees and filing procedures can change, applicants should verify the current requirements with ICE before submitting an application.

4. Understand That Approval Is Not Automatic

Submitting Form I-246 does not guarantee that ICE will grant a stay. ICE states that the decision is discretionary.

A stay also does not erase the underlying removal order. It temporarily delays removal for the period authorized by ICE.

What Other Options May Be Available?

A Stay of Removal is only one part of the broader immigration process. Depending on your circumstances, there may be other forms of relief or protection from removal available.

USCIS identifies options that may be available to certain individuals in removal proceedings, including adjustment of status, cancellation of removal, certain waivers, asylum, and withholding of removal.

Because the appropriate strategy depends heavily on your immigration history and individual circumstances, an immigration lawyer in Queens can review your case and explain the options that may be available.

Why Legal Guidance Matters

Removal cases can move quickly, and filing a Stay of Removal request does not necessarily resolve the underlying immigration case.

An attorney can review your removal order, immigration history, pending applications, and supporting evidence before determining how a stay request fits into your broader case.

AH Law Firm PLLC assists individuals facing deportation and removal proceedings in Queens and throughout New York.

Speak With a Deportation Defense Attorney

If you or a family member has received a final removal order, it is important to understand your options as soon as possible.

A deportation defense lawyer in Queens can review your circumstances and explain whether a Stay of Removal or another form of relief may be available.

Contact AH Law Firm PLLC to schedule a consultation and discuss your immigration case.