Being called to the Department of Enforcement and Removal Operations for removal from the United States isn’t the end of your stay in the US. Apply for an extension of stay with an application for Stay of Deportation or Removal at the ICE.

What is a Stay of Deportation or Removal?

Decided and conducted by the Immigration and Customs Enforcement (ICE), a plea for Stay of Deportation or Removal allows the applicant to delay or ‘stay’ his/her removal from the United States of America.

Who conducts removals?

Enforcement and Removal Operations, a Department of the U.S. Immigration and Customs Enforcement, looks at the identification, arrest, and removal of foreign nationals who pose a threat to the national security or those individuals who illegally reside in the U.S. The ERO makes sure the U.S. Immigration Laws are being enforced within the United States.

How can one get a ‘stay’ of removal?

The ICE is likely to grant stays or deportation extensions for a number of reasons. Medical issues are more likely to be acknowledged and consented. Generally, if an individual is the sole caretaker of an elderly or ill U.S. resident or a citizen parent, the person in process of being removed can apply for a temporary stay. A stay allows the individual precious time to make sure their parent is taken care of post their departure.

Other requests may include extensions of removal to tie up financial obligations if the primary breadwinner is being removed. They can apply for a stay to allow the supporting family or spouse the opportunity to find a job. Other special requests include the attendance of special events like a college or high school graduation of their legal citizen children.

Application procedure

In order to be allowed a stay period, the individual must apply for stay via Form I-246 with the ICE. In addition to an application fee, the applicant must also present valid evidence to support claims made. The applicant must submit the filled form in person at the nearest ERO office. An attorney can only file an application in case the applicant is being detained.

At times, a Stay of Removal has been granted for up to 12 months at a time, this period can vary depending on the reasons for stay presented in the application.