Stay of Removal Immigration Lawyer - Miami, Florida

A Stay of Deportation or a Stay of Removal is an order directly to the Department of Homeland Security to refrain from removing an immigrant from the United States.

What is a Stay of Removal?

A Stay of Deportation or a Stay of Removal is an order directly to the Department of Homeland Security to refrain from removing an immigrant from the United States. It can be granted from the Board of Immigration Appeals (BIA) or from a Federal Court. Most commonly, however, an alien can apply with ICE for an administrative Stay of Removal.

Anyone with a final order of removal or deportation who has a passport can apply for an ICE Stay of Removal by paying a $155.00 application fee.  However, before you file, you should discuss your eligibility with a Stay of Removal lawyer. The ICE Stay of Removal typically must be filed in person at a local ICE Office and cannot be mailed or faxed to ICE, although exceptions were made during COVID-19 recently.  ICE typically takes anywhere from three weeks (if the person is detained) to about 90 days to make a decision on the Stay of Removal request. If ICE grants the Stay, the alien will be legally permitted to stay in the U.S. for up to one year, and they are eligible to apply for a work permit. The Stay must be renewed every year by filing a new I-246 application. So long as the alien continues to report as required to ICE and does not commit any new crimes, ICE should not attempt to detain or deport him/her during the period that the Stay is pending or has been approved. On the contrary, if the Stay is denied, the alien must be prepared that at the next or any subsequent appointment, ICE will most likely require him/her to either depart the U.S.

If you have been ordered to depart the United States, the law office of Immigration Lawyers USA, your Miami Stay of Removal Lawyer, is prepared to fight for you. Our Miami immigration attorneys has a thorough understanding of federal immigration law to help you navigate the complexities of the legal system and file a Stay of Removal with the correct evidence and arguments to give you the best chance of approval.

What is a Stay of Removal Lawyer?

When it comes to a Stay of Removal, which is an emergency case, the determination of whether you can live and work in the United States with your family, every detail matters. When the slightest filing error or missed deadline can mean deportation and potentially up to 10 years of separation from your family, it is essential to do things right with a professional the first time. An experienced Stay of Removal lawyer can address your particular needs with deportation, applying the current law to your particular facts, and put you in the best position for a positive outcome. Take the first step now and contact a Miami Stay of Removal Attorney to discuss your rights and specific situation.

Our Stay of Removal Lawyers will review your case and determine all of your available legal options, including a Stay of Removal.  If there are no other options and you have met all the qualifications under the law, we will prepare the Request for a Stay of Removal, gather the necessary evidence, and attend your appointment at ERO with you to submit the stay in person.  In some instances, we can submit the evidence and application without your presence, but we will let you know the rules of the local jurisdiction before we file.  Afterwards, we will be in constant communication with the ERO regarding your case to get a decision on your case.

What is the process to apply for Stay of Removal with a lawyer?

A Stay of Removal is available to immigrants who are currently detained, as well as those who were released on an “order of supervision.” Those who are reporting on an order of supervision have a better chance of being granted a stay of removal since the ERO already determined that their case is lower priority so as to not require detention.  Still, your chances for success depend largely upon the family hardship and rehabilitation documents you submit, the legal argument your Stay of Removal lawyer submits, and the policies put in place by the DHS of the current presidential Administration.

 1. Hire a lawyer

The first step is to find and hire the right lawyer. There are a lot of immigration lawyers out there, but they are not all experienced in filing Stays of Removal. Deportation Defense and Stays of Removal is a specialized niche in immigration law, so make sure your immigration lawyer is skilled in this area.  Look for a lawyer with a successful track record and good online reviews, and hire them.

2. Bring correct paperwork to lawyer

A request for stay of removal is filed at the local ERO office with a passport and money order. Your lawyer will fill out the Stay of Removal form for you, and she will give you a list of evidence to bring that supports the merits of your case.  The evidence list for this type of case is extensive, but the more and better quality evidence you bring your Stay of Removal Lawyer, the better chance you have at approval.  Also, remember that if the government does not already have your original passport on file, you must submit your original, unexpired passport with the application.  If you fail to do so, the government will not accept your request.

The request for stay of removal should include the following identification documents:

  • Original passport
  • Translated birth certificate
  • Your marriage license and birth certificates of children
  • Proof of legal status of family members
  • Documentation of medical illness of one of your dependent family members
  • School records of your children
  • Letters of good moral character from community members
  • Proof of rehabilitation from your criminal history
  • Documentation of conditions in your native country
  • Documentation of your entry
  • Documentation of your criminal record

How can a Stay of Removal lawyer help?

A Stay of Removal is often the option of last resort to stop your imminent removal from the United States.  It may be your only option.  A Stay of Removal lawyer can help you by filing your case in a timely, professional, and quality manner.  We will make sure we file the case correctly with the most compelling evidence to give your case the best chance for approval.

We have years of experience assisting our clients with achieving favorable outcomes in their immigration proceedings and we hope to be able to help you as well.

Hire the Top Stay of Removal Lawyers in Miami, Florida!

Now that you know why having an experienced Stay of Removal Lawyer is necessary, it’s time to hire one at Immigration Lawyers USA!  We have some of the best Stay of Removal immigration lawyers in Miami, Florida and in the United States.  We’re highly experienced in Stay of Removal law and will fight hard to make your case as strong as possible with our close attention to detail and our over 10 years of experience. If you’re looking for a firm with great reviews that can guide you through the process, give Immigration Lawyers USA a call at 305-501-0783 or contact us here!


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