Stay of Deportation: Do I Have Any Options?
- By Nicole Babcock
- April 21, 2014
- Deportation Defense
If an immigration judge ordered you removed, or granted you voluntary departure, which you overstayed, you may qualify to have your deportation “stayed” (i.e. suspended temporarily) via a Stay of Deportation (“stay”).
What is a stay?
A stay temporarily suspends or postpones deportation. In determining whether to grant a stay, Immigration and Customs Enforcement (“ICE”) will use its discretion. This means an ICE Officer will weigh the positive and negative factors you present in your stay application.
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What are the benefits of applying for a stay?
If ICE grants your stay, you will not be deported unless and until the stay is lifted. Most stays are granted for a period of a year, meaning you will need to reapply to renew your stay each year. When your stay is granted, you will likely be placed on an Order of Supervision. This means you will be assigned an ICE officer who may require that you periodically meet with him or her throughout the duration of your stay. Once you are placed on an Order of Supervision, you may apply for work authorization for the time of your stay.
How do I apply for a stay?
Stays are only available to individuals who have previously been ordered removed or overstayed a period of voluntary departure. To apply for a stay, you must file Form I-246 with the ICE office of Enforcement and Removal Operations. In Atlanta, this office is located at:
180 Spring Street, SW Suite 522
Atlanta, GA 30303
Along with the Form I-246, you should attach evidence detailing the reasons why you cannot depart the United States or why you should not be deported. You may choose to include evidence of the following:
- The fact that you have US citizen children;
- Medical conditions which affect you;
- Your children or other family members under your care; and
- Your good moral character and lack of criminal history.
Please keep in mind that this list is not exhaustive, and you should include all relevant evidence which would tend to support your application for a stay.
Contact the experienced attorneys at Antonini and Cohen Immigration Law Group to discuss your eligibility for a Stay of Deportation.
The attorneys at Antonini and Cohen have helped many foreign nationals receive grants of Stays of Deportation. Our experienced attorneys will confirm your eligibility and then prepare the application and supporting evidence. Please call us today at 404-523-8141 or click here to fill out the contact form to schedule a consultation with one of our attorneys experienced in obtaining Stays of Deportation. We are here to help ensure that you remain with your loved ones in the U.S. despite your deportation order.