Stay of Removal
A Way to Delay Your Deportation Proceedings
Are you being removed from the United States due to an overstayed visa or criminal charge? You may be able to request a stay of removal that can postpone your removal and allow you substantial time to obtain permanent residence.
There are different types of stays of removal:
- Automatic Stays of Removal: If you file an appeal within the proper time frames, your stay can go into effect automatically. For example, if at the end of a hearing you requested to appeal a decision, you receive an automatic stay of removal for a 30-day period.
- Discretionary Stays of Removal: If you did not appeal in time, you can file a discretionary stay of removal, which will be approved at the discretion of a deportation officer or immigration judge.
It is important to postpone all official decisions for as long as possible so that you can secure residency. A stay of removal can allow you to remain in the country while you complete the necessary steps in the immigration process. It is a much easier process to obtain legalization while residing in the country rather than from your home country.
How to Request a Stay of Removal
You can apply for the stay directly with a local DHS office. This temporary suspension can be granted by the Department of Homeland Security (DHS), the Board of Immigration Appeals, or a federal judge. The DHS Board of Appeals will decide whether or not to accept your application for an administrative stay of removal.
The federal court can grant a judicial stay of removal to an immigrant who has applied for it. A court of appeals can explain the legal standard for obtaining this relief from removal. A stay of removal is not automatically granted.
This process can be complex and the application can be difficult to understand. If you need assistance through the stay-of-removal process, then contact one of our attorneys. Founding Attorney Robert Brown and our team can help you pursue citizenship or an adjustment of status.
Postponing a final court decision at this time is crucial to your case, so contact the firm today!
Our Legal Team