When a foreign national has been ordered deported from the U.S., but they have not actually left, they are subject to being picked up by Immigration and Customs Enforcement (ICE) and immediately deported to their native country. This is referred to as having an outstanding or unexecuted order of deportation. To prevent ICE from immediately executing the order, a person may want to consider filing a request for an administrative stay of deportation or removal.
Procedure of Requesting A Stay
A request for an administrative stay of removal may be submitted on “Form I-246, Application for Stay of Deportation or Removal” at the local Enforcement and Removal Operations office of ICE. This form must be submitted in person along with the filing fee, the applicant’s passport, and any other documents the applicant believes will support their request. If granted, the applicant may be permitted to remain in the U.S. for up to one year. You can file a new Form I-246 annually to extend this stay indefinitely. However, if your stay of deportation request is denied, you must prepare for deportation, which could occur almost immediately.
A decision whether to approve a request for a stay of deportation or removal is within the sole discretion of the Department of Homeland Security. You may not appeal a denied request. Therefore, it is essential that all requests contain compelling evidence that the applicant should not be deported to their home country.
The help of an experienced immigration attorney is essential to a favorable outcome when deportation is a possibility. A skilled immigration attorney will be able to adequately demonstrate reasons why the request for a stay of removal should be granted. These reasons will vary depending on the unique facts of each case, but may include the following:
• Declarations: An applicant should submit a written declaration clearly stating why they believe they should be granted an administrative stay of removal. It is also helpful to include letters from friends and family members.
• Medical Conditions: An applicant should submit documentation from a doctor regarding applicable medical conditions, including treatment, prognosis, and any necessary assistance.
• Good Moral Character: An applicant should submit documentation establishing that they are a person of good moral character, such as proof of church attendance, community involvement, charity work, letter of employment, etc.
• Positive Equities: An applicant should submit evidence of positive equities, such as familial ties to the U.S., lengthy residence in the U.S., letter of employment, prior payment of income taxes, and potential future forms of eligibility for permanent resident status.
• Criminal History: An applicant should submit documentation regarding all prior arrests. They should also provide evidence that they have been rehabilitated since the time of their arrest or conviction.
An approved Form I-246 will allow the applicant to remain in the U.S. for up to one year. They will be issued an Order of Supervision and will be required to comply with certain conditions. They may also be required to post a bond. It is also important to note that ICE can revoke an approved stay at any time after it is granted. Common reasons for a stay to be revoked are due to an applicant’s arrest or conviction, a violation of the terms of the Order of Supervision, or any other reason at the discretion of the Department of Homeland Security.
With an approved administrative stay, noncitizens can obtain work authorization and the ability to apply for a social security card and driver’s license. Also, while the administrative stay is in effect, the noncitizen may be able to avail of any beneficial change in the law or in their personal circumstances.
Reeves Miller Zhang & Diza – Full-Service Immigration Law Firm
The prospect of deportation is terrifying! And once deported, a person’s chances of returning to the U.S. are often severely limited. Therefore, do not attempt to request an administrative stay of deportation or removal on your own. The skilled legal team at Reeves Miller Zhang & Diza can help. We will work quickly and strategically to protect you and your family from deportation. Contact us today for a confidential consultation about your case.