Administrative Stay of Removal

Humanitarian Visas

Summary

It is possible to stop ICE from executing an order of deportation by filing a request for an Administrative Stay of Removal or Deportation.

Immigrants who have been ordered deported from the U.S., but have never actually left the country, are said to have an “outstanding order of deportation.” This is an extremely dangerous position to be in, because any encounter with ICE (Immigration and Customs Enforcement) may result in a person’s nearly immediate deportation back to their native country. However, it is possible to stop ICE from executing an order of deportation by filing a request for an Administrative Stay of Removal or Deportation.

How Can I Increase My Chances of Approval?

The Department of Homeland Security will decide whether a request for a stay of deportation will be approved. But if they deny such a request, unfortunately, it is not possible to file an appeal to their decision. Therefore, a person’s request must as much detailed and compelling evidence as possible to prove that they should not be deported back to their home country.

What Do I Need to Do Once My Request is Approved?

Getting an approved Form I-246 will allow you to remain in the U.S. for a maximum of one year. During this time, you will be provided with an Order of Supervision and will have to comply with specific conditions. Furthermore, you may also need to post a bond. It’s also important to take note that the ICE can revoke your stay at any time. Common reasons why your stay could be revoked are:

  • If you are convicted or arrested
  • You violate the terms of the Order of Supervision
  • Other reasons at the discretion of the Department of Homeland Security

You can get work authorization and apply for a driver’s license and social security card with an approved administrative stay. Also, you have the opportunity to use beneficial change in your personal circumstances or the law while the administrative stay is in place.

What Are The Supporting Documents I Can Use?

An experienced immigration attorney is crucial to getting a favorable outcome if you’re facing the possibility of deportation. A skilled immigration attorney will be able to help you demonstrate the reasons why your request for a stay of removal should be granted. While the reasons for every case will vary, here are a few documents you can include:

  • Declarations: You will need to submit a written declaration that clearly states why you believe you should be granted an administrative stay of removal. It may also help to include letters from friends and family.
  • Medical Conditions: It’s best to submit documentation from your doctor about any existing medical conditions, along with prognosis, treatment, and any assistance necessary.
  • Good Moral Character: You should provide documentation to prove that you are a person of good moral character, including community involvement, church attendance, letter of employment, and charity work.
  • Criminal History: You will need to submit documentation of any prior arrests. You will also need to provide evidence that you have been rehabilitated since the time of your conviction or arrest.
  • Positive Equities: You may also submit evidence of positive equities, which may include family ties to the U.S., a letter of employment, payment of income taxes, a lengthy stay in the U.S., and any potential forms of eligibility to become a permanent resident.

What Are My Next Steps?

Just the thought of being deported is terrifying, and the chances of returning to the U.S. once deported are severely limited. This is why you shouldn’t request an administrative stay of removal or deportation on your own. At Reeves Immigration Law Group, a skilled legal team is right behind you. We can quickly strategize to protect you and your family from deportation, so contact us today for a consultation on your case.

Immigrants who have been ordered deported from the U.S., but have never actually left the country, are said to have an “outstanding order of deportation.” This is an extremely dangerous position to be in, because any encounter with ICE (Immigration and Customs Enforcement) may result in a person’s nearly immediate deportation back to their native country. However, it is possible to stop ICE from executing an order of deportation by filing a request for an Administrative Stay of Removal or Deportation.

How Can I Increase My Chances of Approval?

The Department of Homeland Security will decide whether a request for a stay of deportation will be approved. But if they deny such a request, unfortunately, it is not possible to file an appeal to their decision. Therefore, a person’s request must as much detailed and compelling evidence as possible to prove that they should not be deported back to their home country.

What Do I Need to Do Once My Request is Approved?

Getting an approved Form I-246 will allow you to remain in the U.S. for a maximum of one year. During this time, you will be provided with an Order of Supervision and will have to comply with specific conditions. Furthermore, you may also need to post a bond. It’s also important to take note that the ICE can revoke your stay at any time. Common reasons why your stay could be revoked are:

  • If you are convicted or arrested
  • You violate the terms of the Order of Supervision
  • Other reasons at the discretion of the Department of Homeland Security

You can get work authorization and apply for a driver’s license and social security card with an approved administrative stay. Also, you have the opportunity to use beneficial change in your personal circumstances or the law while the administrative stay is in place.

What Are The Supporting Documents I Can Use?

An experienced immigration attorney is crucial to getting a favorable outcome if you’re facing the possibility of deportation. A skilled immigration attorney will be able to help you demonstrate the reasons why your request for a stay of removal should be granted. While the reasons for every case will vary, here are a few documents you can include:

  • Declarations: You will need to submit a written declaration that clearly states why you believe you should be granted an administrative stay of removal. It may also help to include letters from friends and family.
  • Medical Conditions: It’s best to submit documentation from your doctor about any existing medical conditions, along with prognosis, treatment, and any assistance necessary.
  • Good Moral Character: You should provide documentation to prove that you are a person of good moral character, including community involvement, church attendance, letter of employment, and charity work.
  • Criminal History: You will need to submit documentation of any prior arrests. You will also need to provide evidence that you have been rehabilitated since the time of your conviction or arrest.
  • Positive Equities: You may also submit evidence of positive equities, which may include family ties to the U.S., a letter of employment, payment of income taxes, a lengthy stay in the U.S., and any potential forms of eligibility to become a permanent resident.

What Are My Next Steps?

Just the thought of being deported is terrifying, and the chances of returning to the U.S. once deported are severely limited. This is why you shouldn’t request an administrative stay of removal or deportation on your own. At Reeves Immigration Law Group, a skilled legal team is right behind you. We can quickly strategize to protect you and your family from deportation, so contact us today for a consultation on your case.

Locations

Los Angeles

(626) 795-6777

San Francisco

(415) 568-3777

Philippines

(632) 7-759-6777

China

(86) 532-8257957777