Administrative Stay Of Removal: A Vital Tool For Those Facing Deportation
21 December 2024Facing 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:
- Appeals and Motions to Reopen: If an individual has a pending motion to reopen or an appeal of a removal order, they may request an administrative stay to prevent deportation while awaiting a decision.
- New Applications for Relief: Individuals filing for asylum, adjustment of status, or other immigration benefits may seek an administrative stay to halt removal proceedings temporarily.
- Medical or Compassionate Grounds: A stay can also be requested on humanitarian grounds, such as medical emergencies or family-related concerns.
- Order of Supervision Compliance: Those under an order of supervision who are complying with ICE requirements may seek a stay to delay deportation and continue residing in the U.S. legally.
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:
- Determine Eligibility: First, determine whether you are eligible for an administrative stay. Consult with an experienced New York Immigration lawyer to review your case and ensure you meet the criteria.
- Prepare the Request: You must complete Form I-246, Application for Stay of Deportation or Removal. This form must be filed with the ICE office having jurisdiction over your case. Ensure all sections are completed accurately.
- Attach Supporting Documents: Along with Form I-246, you will need to include the following:
- A copy of the removal order.
- Evidence of compliance with any order of supervision requirements.
- Documentation of any pending appeals, motions, or applications.
- Medical records or humanitarian evidence, if applicable.
- Proof of family ties, such as birth certificates or marriage certificates.
- Evidence of good moral character, including letters of support, employment records, and community involvement.
- Pay the Filing Fee: As of now, the fee for Form I-246 is $155, payable by check or money order to the "U.S. Department of Homeland Security." Fee waivers may be available for individuals with financial hardship.
- Submit the Application: Submit the application to the ICE Enforcement and Removal Operations (ERO) field office with jurisdiction over your case. Many offices require in-person filing, so verify the specific requirements for your location.
- Attend Any Interviews or Check-Ins: ICE may request an interview or additional check-ins as part of the review process. Be prepared to provide further documentation or explanations if required.
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
- Seek Legal Assistance: An experienced Best deportation lawyer can help you craft a strong application, ensuring that all documents are accurate and persuasive.
- Organize Your Evidence: Provide clear and well-organized documentation to support your application. Strong evidence increases your chances of approval.
- Stay Compliant: If you are under an order of supervision, ensure that you comply with all conditions, including reporting requirements and work authorization.
- Act Quickly: Time is of the essence in removal cases. Submit your application as soon as possible to avoid removal.
Common Challenges and How to Address Them
- Incomplete Applications: Many applications are denied due to missing documents or incomplete forms. Double-check your submission before filing.
- Lack of Evidence: A strong application requires thorough evidence. Work with your attorney to gather compelling documentation.
- Delays: ICE processing times can vary, leading to uncertainty. Stay proactive and follow up as needed.
Costs of Applying
Aside from the $155 filing fee, additional costs may include:
- Attorney fees: These vary depending on the complexity of the case.
- Translation and notarization of documents.
- Travel expenses for in-person filing or interviews.
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.