- Extenuating circumstances concerning the offense of conviction
- Extended time period since the offense of conviction
- Length of time in the United States
- Military service
- Family or community ties in the United States
- Status as a victim, witness, or plaintiff in civil or criminal proceedings
- Compelling humanitarian factors, such as age, poor health, pregnancy, a young child, or a seriously ill family member
When everything else has failed, sometimes a “stay” of removal
is the last option to save your case! In order to request a typical stay
of deportation or removal, you must file Form I-246, Application for Stay
of Deportation of Removal, with the local Enforcement and Removal Operations
(ERO) office of U.S. Immigrations and Custom Enforcement. Along with your
application, you must provide current and valid passports for you and
your family, copies of your birth certificates and/or identity documents,
and any police reports and court documents relating to any arrests and
criminal convictions that you have on your records. You also must pay
a $155 fee to process your application. You also must provide ERO with
evidence supporting your claim that you should not be deported or removed
from the United States to your home country. This evidence will differ
from case to case. The strongest types of evidence will include letters
from friends and family members that show your good moral character, documented
evidence showing how long you have been present in the U.S., and evidence
of any medical or psychological hardship that your close family member
who depends on you would suffer if you were deported. Additionally, if
you do have any arrests or criminal convictions, you should provide evidence
that you have been rehabilitated since the time of the arrest or conviction.
You should be aware that ICE currently has a set of guidelines to follow
in deporting immigrants. In other words, if your case does not fall into
one of the ICE priority classifications, then you may be eligible for
a stay of removal. This means that you could stay in the U.S. longer,
even though you technically could be removed or deported at any time.
In general, ICE may exercise prosecutorial discretion and grant you a
stay of removal if your case contains one of the following factors:
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