Can you delay deportation? With ICE’s crackdown on immigration underway, that’s the question on many minds. An ICE Stay of Removal request is a request to temporarily pause the deportation process, giving you extra time to pursue your legal options for stopping removal or to deal with other issues such as medical treatment.
What Is an ICE Stay of Removal?
According to the Guardian, Immigration and Customs Enforcement, or ICE, is currently arresting more immigrants to the United States than at any time in the past seven years. If you’re facing the possibility of deportation, you need some way to delay the process so that you can pursue all your options.
If you want to know how to stop deportation temporarily, a Stay of Removal request may be the answer you need. An ICE Stay of Removal postpones a removal order and prevents ICE from deporting you from the United States until it expires. You can apply using ICE Form I-246, Application for a Stay of Deportation or Removal.
How long does an ICE Stay of Removal last? A Stay of Removal usually grants you one year to remain in the United States.
Who Qualifies for an ICE Stay of Removal?
According to ICE, anyone who faces deportation or removal from the United States can apply for an ICE Stay of Removal using Form I-246 after receiving a deportation order. ICE may grant a Stay of Removal for humanitarian reasons, but they can deny your request if you don’t meet all ICE stay of deportation requirements, including:
- You must show a passport, a copy of your passport, or proof that you applied for a passport.
- Complete documentation of any medical condition relevant to your request.
- All relevant police reports and dispositions of past arrests.
- All relevant documents about past convictions.
- You must summarize the reasons for your request along with any documentation.
- You must include a nonrefundable $155 processing fee.
ICE can use prosecutorial discretion to decide whether to deport you or not. When you apply for a Stay of Removal, the agency will decide whether to grant your request based on several factors.
Factors influencing ICE stay approval include:
- How long you have lived in the United States
- Connections to your community in the U.S.
- Family ties, including a spouse or children in the U.S.
- Medical issues or other humanitarian concerns
- Whether you have any serious criminal convictions
- Whether you have any gang affiliations
There are no reliable figures available for ICE Stay of Removal success rates, but the agency’s website states that ICE considers removal requests based on national security, flight risk, and risk to public safety. If you can show that allowing you to stay in the United States presents little risk, you have a chance of winning a Stay of Removal.
Strategies for Preventing Deportation
If ICE grants your Stay of Removal request, your immigration lawyer will have time to pursue other strategies to keep you in the country.
Deportation defense legal strategies include:
- Applying for a Cancellation of Removal or a Withholding of Removal
- Applying for an I-601 waiver to absolve you of past false statements or criminal behavior
- Applying for an I-212 waiver, permitting you to return to the United States after deportation
- Applying for Asylum
- Applying for Temporary Protected Status
Your immigration lawyer will select a strategy based on the specifics of your case, but to get the chance to pursue any strategy, you will first need to buy yourself some time by applying for a Stay of Removal.
Contact an Austin Immigration Lawyer Today
The ICE Form I-246 application process is not a forgiving one. According to ICE, the decision is solely up to the Secretary of Homeland Security or a designee such as the Field Office Director. There is no appeal to their decision. That means you can’t afford to miss any of the requirements listed on the form, such as medical documentation or complete, truthful information. You need the help of an experienced immigration lawyer for Stay of Removal requests to avoid a mistake that could result in a denial.
The Law Office of William Jang, PLLC is an Austin, Texas, immigration law firm dedicated to helping immigrant families and individuals pursue the American dream. We can handle any immigration issue, whether you are applying for an ICE stay of removal granting temporary relief from deportation, a green card granting permanent resident status, or family-based immigration. Whatever immigration issue you face, contact the Law Office of William Jang, PLLC, today for the help you need.
