What is a Stay of Deportation?

Are you being deported? Then you read this blog closely, it can help you.

As we’ve explained previously when you are facing deportation there are certain things you can do once you are removed from the country. For example, you can file a waiver of inadmissibility which explains that your loved one needs to return to the country for special purposes. But there is a way you can extend your stay in the United States and that’s by filing a Stay of Deportation.

What is a Stay of Deportation? Also referred to as a Stay of Removal, this order is a temporary postponement from being deported. There could be a few circumstances

There are two types of removal: an automatic stay and a discretionary one. An automatic stay of deportation will go into effect once you appeal the deportation order and the Board of Immigration Appeals (BIA) believes you staying in the country is important for the case. If the appeal is granted, it’s up to the BIA will decide whether to change the immigration judge’s decision to have you deported. There won’t be a court hearing — everything will be done as a “paper review.” If your automatic stay is granted, it will expire once the BIA gives a final decision on the appeal.

The discretionary stay of deportation means the BIA will grant a stay at its own discretion on certain matters that are within the board’s jurisdiction. This means the BIA will consider this stay when an appeal, a motion to reopen, or a motion to reconsider is pending before the board.

However, there are exceptions. You cannot file for a stay of removal is you are appealing because the immigration judge denied your motion to reopen the case, to reconsider the case, or a motion to stay.

If you are granted a stay of deportation, that means you can stay in the country until the BIA reaches a decision — which can take some time. The BIA received approximately 30,000 to 40,000 cases each year. But to file for a stay can be quite difficult. You will need to fill out Form I-246 and pay an application fee. You will also need to provide valid evidence to support your claims. If your loved one is being detained, you can have an attorney file the form for you.

If your loved one is being detained by ICE, then you should consider getting an immigration bond. Contact a Houston immigration bondsman at Freedom Federal Bonding Agency today and get your loved one free.

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