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What is a Stay of Removal & How Does It Work?

There are few things more frightening for an immigrant staying in the United States than being notified that the United States Citizenship and Immigration Services (USCIS) has targeted you for deportation, also known as removal. Thankfully, removal processes are not automatic and immediate. There are ways to slow down removal, or even stop it in its tracks. One of the most common and effective ways of stopping the Department of Homeland Security (DHS) from removing you is a stay of removal.

Different Types of Stays of Removal

As with most things in the law, stays of removal are not a one-size-fits-all type of solution. There are actually different kinds of stays of removal. An immigration attorney can help you understand the differences of stays of removal and what type is workable in your case.

The two main types of stays of removal are:

  • Automatic: When you are notified of your removal, you have a brief window of time – usually 30 days or less – to send an appeal to the Board of Immigration Appeals (BIA) to contest the removal. Deportation defense lawyers are skilled at knowing how to create these appeals effectively and file them accordingly. Once the BIA receives the appeal, an automatic stay of removal is created in your name, lasting until the BIA takes action. The automatic stay of removal notifies DHS and Immigration and Customs Enforcement (ICE) agents to not make any moves to remove you from the country until further notice.
  • Discretionary: When the BIA does not automatically have to make a stay of removal to process an appeal, it still has the power to approve one on a discretionary basis. The BIA will not, however, usually decide to create a discretionary stay of removal on its own. Instead, you have to file a written motion to request that one is made, but a motion can be submitted by calling the BIA for absolutely urgent matters. Upon receiving your motion, the BIA can approve or deny the discretionary stay of removal. If approved, the effect is immediate, and you should be protected from removal efforts carried out by the DHS or ICE.

Need a Stay of Removal? Come to Us Quickly!

Vicario Law Group, LLC is here to protect the rights of immigrants and help them through the U.S. immigration court system with confidence. Based in Chicago, we have been offering removal defense services to clients for years, building our reputation for legal excellence and genuine compassion along the way. See what we can do for you and your family if you have been targeted for removal by calling (312) 698-9066. You can also submit an online contact form, if preferred.

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