How to Request a Stay of Removal to Prevent Deportation

When the government issues a removal order, your entire life hangs in the balance. Families face separation, careers abruptly end, and the life you’ve built in America can disappear overnight. This harsh reality reflects the fundamental brokenness of our immigration system—but you’re not without options. A stay of removal might provide the breathing room you desperately need.

This legal tool won’t solve everything, but it can buy precious time to explore other avenues or prepare for what comes next.

What Is a Stay of Removal and Who Can Request One?

Under 8 C.F.R. §241.6, a stay of removal is a temporary postponement of the government’s execution of a removal order. It doesn’t cancel the order, but it prevents immigration authorities from enforcing it for a specific period.

Anyone with a final order of removal can apply for a stay. This includes people who:

• Lost their case in Immigration Court and exhausted all appeals
• Received an order of removal in absentia (when you didn’t attend your hearing)
• Have a reinstated prior removal order
• Are subject to an administrative removal order

Many noncitizens confuse administrative orders with judicial orders of removal. Learning the technical distinctions between different types of immigration orders can significantly impact which stay procedures apply to your situation.

Where Do I File My Stay of Removal Request?

The removal process depends on where your case stands:

If ICE Is Handling Your Removal

For most people with final removal orders, you’ll need to submit Form I-246, “Application for a Stay of Deportation or Removal,” to U.S. Immigration and Customs Enforcement (ICE). The application must be filed in person at your local ICE Enforcement and Removal Operations (ERO) Field Office.

The ICE website maintains a current directory of all ERO Field Offices nationwide.

If Your Case Is Still with the Board of Immigration Appeals (BIA)

If you have a pending appeal or motion with the BIA, you can request an emergency stay by filing a motion with the BIA. This approach often works best when combined with motion to reopen or reconsider strategies addressing the underlying immigration case.

If Your Case Is in Federal Court

If you’ve filed a petition for review of your removal order with a federal Circuit Court of Appeals, you may request a judicial stay of removal from that court.

Judicial stays involve different legal standards than administrative stays, as outlined by the American Immigration Council.

How Do I Complete Form I-246?

The Form I-246 requires:

• Your personal information and A-number
• Your current address and contact information
• Your passport information (if available)
• The length of stay you’re requesting (usually three months, six months, or one year)
• Your reason(s) for requesting the stay
• Supporting evidence for your request

Each family member needing a stay must file a separate application.

What Documentation Must I Submit?

Preparing your documentation package correctly can make the difference between approval and denial.

According to the I-246 form instructions, you must provide:

Identity Documents (one of the following):

• Original passport valid for at least 6 months beyond your requested stay period, OR
• Copy of passport valid for 6 months beyond your requested stay period AND a copy of your birth certificate or other identity document, OR
• If you don’t have a valid passport, proof that you’ve applied for one

Supporting Documentation:

• Medical evidence: If your request is based on a medical condition, include documentation from your doctor about your condition, treatment, prognosis, and any special assistance you need
• Legal proceedings: Evidence of pending legal matters requiring your presence
• Family ties: Documentation of U.S. citizen or permanent resident family members who depend on you
• Criminal history: Police reports and court documents for all arrests and convictions
• Personal statement: A detailed explanation of why you’re requesting the stay

Remember, every document you submit should directly support your case for why a stay is necessary. Missing documents or submitting poorly organized evidence gives ICE an easy excuse to deny your request.

Why Would ICE Grant a Stay of Removal?

ICE has sole discretion in deciding whether to grant stays of removal, and they are not routinely granted. Compelling reasons they might approve your request include:

Humanitarian Factors

• Serious illness: You or a family member has a serious medical condition requiring treatment in the U.S.
• Family separation: Your removal would separate you from immediate family members who are U.S. citizens or permanent residents, especially if they depend on you for care or support
• Risk of harm: You would face serious harm or hardship in your home country

Legal and Administrative Factors

• Pending application: You have a pending immigration benefit application that might resolve your status
• Changed country conditions: Conditions in your home country have deteriorated since your removal order
• Need for more time: You need additional time to obtain travel documents or make arrangements for your departure

ICE may consider equities like serious illness, family separation, or pending immigration benefits (such as a pending family petition), but approval is discretionary.

What Happens After I File?

Here’s what to expect as your request moves through the system:

When you submit your I-246 application:

1. You may be fingerprinted and photographed
2. Your criminal history will be reviewed
3. Your information will be entered into DHS databases
4. An ICE officer will review your application and supporting evidence

If your application is approved:

• You’ll receive an Order of Supervision (OSUP) with specific conditions you must follow
• You may be required to post a bond (minimum $1,500)
• You’ll be protected from removal for the specified period

The waiting period can be extremely stressful, as ICE provides little visibility into the decision-making process. Even with a pending application, you technically remain vulnerable to removal until you receive official approval.

What If My Stay Request Is Denied?

If ICE denies your stay request, you cannot appeal the decision. However, you may:

• Consult with an attorney about other possible legal options
• File a new stay application if your circumstances change significantly
• Prepare for your departure from the U.S.

A denial doesn’t necessarily mean the end of your options. The strategic pathways remaining after a stay denial often include alternative forms of relief or specific timing considerations that could strengthen a subsequent application.

Common Reasons Why ICE Rejects or Denies Stay Applications

Understanding these common rejection and denial reasons can help you prepare a stronger application.

Application Rejections:

• Incorrect fee amount
• Filing at the wrong ICE office
• Multiple applicants on one application
• Failure to sign the application
• Not submitting the application in person
• Missing required identity documents
• Incorrect address information

Application Denials:

• Missing medical documentation (if applicable)
• No clear explanation of why you need a stay
• Criminal history
• Perceived threat to public safety
• Providing false information
• Not actually being under a final order of removal
• ICE’s discretionary decision

Many of these reasons reflect the system’s emphasis on technical compliance over humanitarian concerns.

Frequently Asked Questions

Can I travel outside the U.S. with an approved stay of removal?

No. A stay does not authorize international travel. Leaving the U.S. without permission can disrupt or terminate your supervised release and may trigger enforcement.

Can my stay of removal be revoked after approval?

Yes. ICE can revoke your stay at any time for reasons including:

• Arrest by any law enforcement agency
• Conviction of any crime
• Violation of your Order of Supervision conditions
• Violation of bond terms
• Any reason at the discretion of the ICE Field Office Director

How many times can I renew my stay of removal?

There’s no formal limit, but ICE generally expects you to be working toward resolving your immigration status or preparing for eventual departure.

Will ICE detain me when I appear to file my stay application?

It’s possible, especially if you have criminal convictions or are considered a flight risk. Consult with an attorney before appearing at an ICE office.

Can I apply for work authorization with an approved stay?

Sometimes. If you’re granted a stay and placed under an Order of Supervision, specific employment authorization categories might apply while your case proceeds.

What happens if conditions in my home country make it dangerous to return?

Document these conditions thoroughly in your stay application. Depending on your specific fears, asylum provisions might provide stronger protection than a temporary stay.

What if I can’t appear in person due to illness or disability?

Contact your local ICE office in advance to explain your situation and ask if alternative arrangements are possible.

Can I request a stay if I’m already detained by ICE?

Yes. If you’re detained, you file your application with the ERO Field Office that has jurisdiction over your place of detention. The Form I-246 instructions include special provisions for detained applicants.

How the Law Office of Lina Baroudi Can Help

The stay of removal process is complex, and the stakes couldn’t be higher. A single mistake on your application could lead to rejection and potential removal. At the Law Office of Lina Baroudi, we can:

• Determine if a stay of removal is your best option
• Prepare a compelling application with strong supporting evidence
• Help gather documentation that strengthens your case
• Guide you through the application process
• Advise you on complying with an Order of Supervision if your stay is granted
• Explore alternative legal options if your stay is denied

Contact us today to discuss your situation and learn how we can help prevent your removal while you pursue other immigration options.