Administrative Stay Of Removal

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Administrative Stay Of Removal: A Vital Tool For Those Facing Deportation

21 December 2024

Facing deportation can be one of the most stressful experiences for immigrants in the United States. However, for some, relief may come in the form of an administrative stay of removal. Understanding what it is, how it works, and how to apply can provide critical hope for those facing imminent removal from the country. This blog, prepared by a New York Immigration lawyer, will walk you through the essentials of administrative stays, focusing on practical advice, detailed guidance, and legal reasoning.

What is an Administrative Stay of Removal?

An administrative stay of removal is a temporary pause in deportation proceedings, issued by U.S. Immigration and Customs Enforcement (ICE). It does not provide legal status or permanent relief but allows a person to remain in the U.S. while their case or application for other relief is being reviewed.

Administrative stays are often granted to individuals with pending appeals, motions to reopen, or other applications before the immigration courts, the Board of Immigration Appeals (BIA), or federal courts. In many cases, it serves as a lifeline, preventing immediate removal and buying crucial time to resolve legal issues.

What Can an Administrative Stay of Removal Be Used For?

Administrative stays can be used in various situations, including:

How to Apply for an Administrative Stay of Removal

Applying for an administrative stay of removal involves submitting a request to ICE or the appropriate immigration authority. Below are the key steps in the process:

What Happens After Filing?

Once you submit your application, ICE will review it and may grant or deny the stay. If granted, you will receive a written decision outlining the duration of the stay and any conditions attached, such as regular check-ins with ICE. If denied, you may be subject to immediate removal.

An administrative stay typically lasts for six months to one year, with the possibility of renewal. During this time, you should work with your attorney to address the underlying removal order and explore long-term solutions.

Practical Tips for a Successful Application

Common Challenges and How to Address Them

Costs of Applying

Aside from the $155 filing fee, additional costs may include:

Conclusion

An administrative stay of removal can provide critical relief for individuals facing deportation. Whether you are seeking more time to resolve your case or facing removal on humanitarian grounds, understanding the application process is key. By consulting a New York Immigration lawyer or Best deportation lawyer, you can increase your chances of success and secure a temporary reprieve from deportation.

If you or a loved one are facing removal, contact our office today for personalized assistance. At shautsova.com, we are committed to helping immigrants navigate the complexities of U.S. immigration law, ensuring that every client has access to the best possible legal solutions.

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