Facing removal from the United States can be overwhelming. Requesting a stay of removal pauses your deportation temporarily, giving you additional time to prepare your case or appeal. Understanding how to properly request a stay can significantly impact your situation.
What is a stay of removal?
A stay of removal is an official order that temporarily halts your deportation. This interruption allows you to file appeals or submit new evidence before removal proceeds. However, it does not cancel or permanently stop your removal—it only delays it.
How to request a stay
To ask for a stay, you typically submit Form I-246 either to the immigration court or the Department of Homeland Security (DHS). On this form, you must clearly explain the reasons for your request. Common grounds include pending appeals, newly discovered evidence, or urgent humanitarian issues.
What happens after you file?
After submitting your request, the immigration judge or DHS reviews the information. They consider the validity of your reasons and the details of your case. If the stay is granted, deportation is paused temporarily. If denied, the removal process continues without delay.
Important considerations
Timing plays a crucial role in the success of your stay request. Late submissions can harm your chances of approval. Additionally, presenting strong, well-supported reasons strengthens your petition. Remember, a stay only postpones removal; it does not overturn the deportation order.
Stay updated on relevant rules and deadlines to ensure your request is timely and effective. Acting promptly increases your chances of obtaining a stay.