Temporary Stay of Removal Services
Victoria Barr Law provides legal assistance in securing a temporary stay of removal, helping clients pause deportation while pursuing legal remedies.
Related Deportation Defense Services
What Is a Temporary Stay of Removal?
A temporary stay of removal is a legal order that pauses deportation while a case is reviewed or an appeal is pending. This relief can be granted by immigration judges, the Board of Immigration Appeals (BIA), or federal courts, allowing individuals to remain in the U.S. legally during the process.
Who Can Request a Stay of Removal?
- Individuals in Removal Proceedings: Those subject to a final order of removal or deportation.
- Applicants with Pending Appeals: Individuals with pending appeals before the BIA or federal courts.
- Applicants with New Evidence: Those with new or previously unavailable evidence that could affect their case outcome.
- Humanitarian Cases: Individuals facing extreme hardship if deported.
Required Documents for Stay of Removal Requests
- Completed Stay of Removal Application
- Copy of the removal order
- Evidence supporting eligibility for relief or appeal
- Personal affidavits and witness statements
- Medical records, hardship documentation, or humanitarian evidence
- Filing fees or fee waiver request (if applicable)
Stay of Removal Process
- File the Application: Submit a formal stay of removal request to the relevant immigration court, BIA, or federal court.
- Provide Supporting Evidence: Include legal briefs, affidavits, and evidence demonstrating the need for a stay.
- Case Review: The court or agency reviews the application and supporting documents.
- Decision Issued: If approved, deportation is paused, and legal proceedings continue. If denied, removal proceedings may resume.
Why Choose Victoria Barr Law?
- Experienced Deportation Attorneys: We have extensive experience filing emergency stays of removal.
- Strategic Legal Advocacy: We develop strong legal arguments supported by compelling evidence.
- Timely Application Filing: We ensure urgent filings are completed within court deadlines.
- Bilingual Legal Services: We provide legal services in English and Spanish for clear and effective communication.
Request a Stay of Removal Today
Our experienced attorneys are ready to file your stay of removal request. Contact us for a personalized consultation today.
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Frequently Asked Questions About Temporary Stay of Removal
A temporary stay of removal is a legal order that pauses deportation proceedings for a specific period, allowing the individual to remain in the U.S. temporarily.
You must file a written request with the Department of Homeland Security (DHS) or the immigration court. This often involves submitting Form I-246 and supporting evidence.
Individuals with pending appeals, motions to reopen, or compelling humanitarian reasons (e.g., medical treatment or family emergencies) may be eligible for a stay of removal.
The duration depends on the circumstances of the case and the issuing authority. It typically lasts until a pending legal matter is resolved or for a set timeframe.
Form I-246 is the official application used to request a stay of deportation or removal from Immigration and Customs Enforcement (ICE).
No, a stay of removal does not automatically grant work authorization. You must apply separately for employment authorization if you qualify under other grounds.
If your request is denied, you may be subject to immediate deportation. Consulting with an immigration attorney can help explore additional legal options.
Yes, extensions may be possible if you provide additional evidence or if your underlying legal matter remains unresolved.
No, a stay of removal does not permit international travel. Leaving the U.S. may result in automatic forfeiture of the stay and removal proceedings resuming.
An attorney can prepare your application, gather supporting evidence, present arguments to DHS or ICE, and explore additional legal strategies to stop deportation.