In certain circumstances, an immigrant who has been issued a removal or deportation order and who is facing imminent removal may find it necessary to apply for a stay, or a hold on the removal process. This may be due to personal, family or medical emergencies that require that the immigrant remain in the United States for a time. The immigrant may also wish to apply for a stay of removal if she has an application for another form of immigration relief pending before USCIS.
The grant of a stay means that the immigrant will not be removed or deported for a specified time, usually one year. Further, a request for a stay must be submitted directly to Immigration and Customs Enforcement, or ICE. The grant of a stay by ICE is not automatic. Indeed, the immigrant must convince ICE that it should grant a stay. As such, the stay request must include the reasons for the request, detailed and specific evidence in support of the request and legal and convincing arguments as to why ICE should grant the stay. Thus, it is imperative that a request for a stay of removal be well researched and well prepared.
The attorneys of the Franco Law Group are experienced in preparing and submitting requests for stays of removal, and are available to assist you with your case.