How to Stop a Deportation

2017.03.03 - Deport Tease_0

In some cases, immigrants find themselves without the possibility of fighting a removal order. When that order is final, and in some cases, no motion to reopen or appeal is viable, there is one last possibility. Immigrants without lawful status in the U.S. may request Immigration and Customs Enforcement (ICE) to stay their removal by filing the form I-246. This is a very technical application. Not just anyone can request this. It is important that no person attempt to file this form without first consulting an immigration attorney to determine whether it is the appropriate option. This form should only be filed if a removal is imminent. Such as cases where ICE is already aware of the person’s whereabouts and intends on acting on the final order. Asking for a stay of removal in this manner requires strong arguments explaining to ICE why they should hold off on executing this removal order. For example, if the individual has a pending application for relief such as a U-Visa, but also has a final order of removal, in some cases, a stay of removal is appropriate. In other cases, the person may have appealed to the federal courts and lost. When their appeal has been denied, ICE may seek to enforce the removal order. Filing a Stay of Removal with ICE should only be attempted where the person has strong arguments on their side such as an ill dependent family member with lawful status in the U.S. or other extraordinary cases, this last hope may be worth trying. Proof of this hardship and the circumstances should be submitted with the form. An explanation or letter indicating the reasons they should exercise their discretion and good will in granting you this application should also be submitted with the form. Never try to file this form without first seeking legal advice from a competent immigration attorney. We have successfully sought and obtained stays for clients that found themselves facing removal no other options. At Stephanie Alcala Law Offices, APC., we may be able to help you. If you have questions, don’t hesitate to contact us. We will be happy to discuss your case and the options that may be available to you.

The form I-246 and instructions may be found online at https://www.ice.gov/sites/default/files/documents/Document/2014/ice_form_i_246.pdf

Please do not file or attempt to stay a removal without first seeking the advice of a competent immigration attorney. None of the provided information constitutes legal advice. This data is for informational purposes only.

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