Application for a stay of deportation or removal.
Application for a Stay of Deportation or Removal
Introduction
Do you find yourself in a challenging immigration situation and wondering what your next steps should be? Applying for a stay of deportation or removal might be the lifeline you need. Let’s break down what it takes to navigate this complex process.
Understanding Deportation and Removal
What is Deportation?
Deportation is the formal removal of a foreign national from the United States for violating immigration laws. This could include anything from overstaying a visa to committing a crime.
What is Removal?
While often used interchangeably with deportation, removal is the technical term used in legal settings. It covers both deportation due to criminal activity and exclusion due to being inadmissible at the time of entry.
Why Apply for a Stay of Deportation or Removal?
Temporary Relief
A stay of deportation or removal temporarily halts the process, allowing you to remain in the country while your case is being reconsidered or new evidence is being reviewed.
Gaining Time
This stay can provide valuable time to prepare your case, seek legal assistance, or even apply for other forms of relief like asylum or adjustment of status.
Eligibility Criteria
Who Can Apply?
Primarily, individuals who have been issued a final order of deportation or removal but believe they have grounds to remain in the U.S. can apply.
Qualifying Grounds
The grounds for eligibility can range from humanitarian reasons, such as severe health issues, to potential dangers faced if deported back to your home country.
How to Apply for a Stay
Filing Form I-246
The process begins with filing Form I-246, Application for a Stay of Deportation or Removal. This form must be filled out meticulously to avoid delays or rejections.
Step-by-Step Guide to Completing Form I-246
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Personal Information: Fill out your complete name, address, and A-number (Alien Registration Number).
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Reason for the Stay: Detail why you are requesting a stay, including any pertinent personal circumstances.
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Supporting Documents: Attach all required documents, such as medical records or affidavits, to back up your claims.
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Payment: Include the filing fee, or a request for a fee waiver if applicable.
Submitting the Application
Once completed, the form and accompanying documents should be submitted to the appropriate USCIS (U.S. Citizenship and Immigration Services) office.
What Happens After Submission?
Initial Review
After submission, an initial review is conducted to ensure all documents are complete and properly filled out.
Decision Making
The decision will be communicated to you in writing. This may involve an approval, denial, or request for additional information.
Common Reasons for Denial
Incomplete Information
One of the most common reasons for denial is incomplete or inaccurate information on the application form. Be thorough!
Lack of Evidence
Failing to provide sufficient evidence to support your claims can also lead to a denial. Always include as much relevant information as possible.
Appealing a Denial
Filing an Appeal
If your application is denied, you have the option to appeal the decision. This requires filling out another set of forms and providing more detailed evidence.
Seeking Legal Help
It’s highly advisable to seek legal assistance if you need to file an appeal, to ensure you present the strongest case possible.
Legal Representation: Do You Need a Lawyer?
Benefits of Legal Assistance
Having a lawyer on your side can significantly increase your chances of success. They understand the intricacies of immigration law and can offer invaluable guidance.
Choosing the Right Lawyer
Look for a lawyer who specializes in immigration law and has a proven track record in handling cases similar to yours.
Conclusion
Navigating the complexities of applying for a stay of deportation or removal can feel overwhelming. However, understanding the process, meeting the eligibility criteria, and knowing how to properly file can significantly improve your chances of receiving a stay. Don’t hesitate to seek professional advice to guide you through the journey.
FAQs
Q1. Can I work while my stay of deportation is being processed?
A: In most cases, you cannot work legally while your application is being processed unless you have an existing work permit.
Q2. How long does it take to get a decision on a stay of deportation?
A: Processing times can vary, but it generally takes a few months to receive a decision. USCIS provides current processing times on their website.
Q3. What happens if my stay of deportation is granted?
A: If granted, you can remain in the U.S. temporarily while your case is being reconsidered. However, it’s not a permanent resolution and you must comply with all stipulated conditions.