Introduction
Many individuals are currently worried about the risk of deportation and are searching for hope and assistance. For many people a suspensión de remoción, or stay of removal, is a lifeline and allows an individual to put their deportation proceedings on hold while seeking legal status. This guide describes the process for requesting a stay of removal and provides advice on how to succeed. Additionally, this guide addresses some of the difficulties one may encounter while attempting to seek a stay of removal.
Understand the Concept of Stay of Removal
While deportation proceedings are pending, there are many ways to attempt to put the proceedings on hold while you make application for visa or other status. As noted above, a suspensión de remoción (stay of removal) is not permanent relief from removal but rather temporary relief.
- A stay of removal is only temporary and does not guarantee a person’s right to remain in the U.S. permanently.
- There are time limits within which a request for a stay of removal must be made.
In deportation proceedings, suspension of removal can be granted by an adjudicator and the Department of Homeland Security (DHS).
DHS and immigration judges have lately made suspensión of removal easier. We keep abreast of recent developments, and advise as to how recent changes in deportation law will impact your bid for a visa.
Regardless of whether you are receiving a subpoena for a deportation hearing or are the subject of an immigration enforcement action, we are available 24 hours a day. Remember that you have the right to remain silent and to have an attorney present. We at Vasquez Law Firm serve our community, and are happy to provide free legal clinics as well as a host of other free educational materials and resources to inform you of your rights. Don’t wait until it is too late, call us today to learn and protect your rights and freedom.
Determine Eligibility for Requesting a Stay
Deportation proceedings have been initiated against you or a family member and you wish to fight the deportation? A request for a suspensión de remoción (a stay of deportation) can be filed. There are several requirements that must be met in order to apply for a stay of removal and the requirements to assist in the fight for justice are outlined below.
- Final Order of Departure: The order has to be final. This is typically the final deportation order issued by the Court.
- Strong Humanitarian or Medical Grounds: You will qualify to apply for a stay if the grounds for removal would cause you or your family member to suffer extreme hardship if you were to be removed. This could be due to serious health problems or for other humanitarian reasons. A close family member in the U.S. may also be grounds for a stay.
- Good Moral Character: Establish that you are a “good” person to be deported. Provide testimony from friends or proof of community service to establish your good character.
- Timeliness: These types of relief are typically considered by an Immigration Judge on a timely basis after an Order of Removal has become applicable.
Collecting evidence for your application (e.g. medical records, family letters etc.) and finding an immigration lawyer to assist you and represent you in your application for a stay of removal are crucial elements of securing a successful application for a stay of removal.
Until 2026, suspensión de remoción will likely be in limbo and determined based on individual grounds for removal and the need for a hearing. Your chance at staying with your loved ones will depend on your ability to understand and argue the increasingly strict criteria that support suspensión de remoción.
Follow the Step-by-Step Application Process
Understanding the steps required to apply for a stay of removal relieves much stress and confusion, and will enable you to complete the application in the best manner to ensure it is reviewed expeditiously.
- Complete Application Form: Fill out Form I-246, the Application for Stay of Removal, in its entirety. All sections and answers must be thoroughly and accurately completed to ensure proper assistance with your special request.
- Gather Supporting Documents: Even though we are prepared to write several examples of special requests for removal of immigration restrictions, we cannot guarantee that we will have time to write a special request on your behalf unless we have copies of supporting documents such as medical records and letters from your health care providers, a copy of your birth certificate and the birth certificates of your family members who are lawful permanent residents or U.S. citizens, and an affidavit or two from community leaders, or other individuals who know you and can attest to your good character.
- Medical records or letters from healthcare providers.
- Copies of birth certificates or other evidence of family members who are lawful permanent residents or U.S. citizens.
- Affidavits from community members attesting to your character.
- Organize and Prepare Application Documents: The immigration application is composed of the relevant completed immigration form (Form I-246) and supporting documents for removal of immigration restrictions, such as medical records, and documents proving extreme hardship. The documents, including completed forms, must be organized in a professional and organized manner and all required applicable fees must be paid. There has been an increase in filing fees for various forms and an increased filing fee for the removal of restrictions form (Form I-246), which may present a severe hardship to many families in need.
- Send It In: Deliver the completed immigration application to the specified office or location. Retain a copy of all submitted documents. Record all correspondence sent and received regarding the immigration application, including all phone calls. Keep a copy of all stamped documents, including receipts for payment of required fees.
- We Wait for a Decision: When the immigration office receives your completed application, you will be notified of the decision on your application. Should your application be approved, the border control officer may require additional information from you. Keep a copy of all correspondence sent and received.
Tips:
- Keep a record of all documents, correspondence, and phone calls in relation to your application.
- We have free initial consultations for immigration cases.
- The Vasquez Law Firm team is available 24 hours a day, 7 days a week for cases of immediate concern.
- We review documentation for removal stay requests and complete Form I-246 on behalf of our clients.
- We are able to communicate with our clients in English and Spanish.
- We need to provide strong documentation to support removal stay requests, such as medical records as well as documentation that describes great hardship that will incur should removal take place.
- The new fee for Form I-246 could create a serious hardship on families with limited income and cause great hardship on other families in need, and therefore they may have to apply for a fee waiver and also a new increased fee to be waived.
- Quote: “If you or a loved one has a final order of deportation, this is not the time to guess or rely on social media rumors.” - Markwayne Mullin, Secretary, U.S. Department of Homeland Security.
Navigate Common Challenges and Considerations
Trying to get a postponement of your deportation can be very stressful. Many people encounter unexpected problems when trying to get a postponement of their deportation.
- Incomplete Applications: An application for a postponement of removal was submitted, but it was denied because of missing information or mistakes in the completed forms. So, make sure all required forms are completed in a complete and accurate manner before submitting them.
- Insufficient Evidence: Applicants must be aware of the requirement to provide sufficient evidence in support of their claim for relief from removal. Such evidence would establish an individual’s eligibility for relief from removal and the resultant hardship that would be caused to an individual and/or their family members. Examples of such evidence are personal statements, medical records, and family members’, neighbors’, and community leaders’ affidavits.
- Legal Representation: As mentioned earlier, you can attempt to file for a stay of removal by yourself but it is highly recommended that you seek the services of an experienced immigration attorney. He or she can guide you through the complex migration laws of the U.S. and prepare and submit the proper documents on your behalf. In fact, a great number of individuals have representation during their immigration hearings and statistics show that those individuals attend their hearings and are granted relief in higher numbers than their unrepresented counterparts.
- Timeliness: It is very important to remember the many deadlines that have to be met in order to preserve any opportunity for relief. This is why you should keep a calendar with all the relevant dates and make timely submissions to the relevant government authorities.
- Emotional Stress: Even though our clients can apply for a stay of removal by themselves, we know that this is a very emotional process and can give our clients a lot of anxiety. We urge them to look for support with their loved ones, friends and from community organizations to get encouragement and assistance during this difficult time.
For every 450,000 people ordered removed from the U.S. each year, many would greatly benefit from legal representation. The issues people face in attempting to address their immigration matters is a complex one and by remaining educated on the status of a person’s case and responding accordingly to all correspondence from government agencies, individuals can empower themselves and succeed in their efforts to obtain a stay of removal.
Conclusion
Many families are going through a very painful time as they try to navigate through the complicated process of immigration and deportation. We at Immigration Relief want to bring some relief to you and your family by explaining the suspensión de remoción from removal process. It can be a very lonely place but with the right documents and step by step guide, you too can obtain a temporary stay of removal so that you can be with your loved ones while you search for options.
For a stay of removal based on extreme hardship and good moral character, we must complete an application for suspension of removal (Form I-363) with substantial supporting documentation. Incomplete applications are the norm. That is why we have a team of experienced immigration attorneys who can assist you in properly completing forms and gathering documentation for your case.
Staying informed about your case and obtaining the help that you need is crucial in order to receive the outcome that you are seeking. We encourage you to take advantage of a free consultation and even look for bilingual services in order to best serve you and resolve any language concerns that you may have.
Frequently Asked Questions
What is a stay of removal?
A stay of removal, or suspensión de remoción, is a temporary relief from deportation proceedings while an individual applies for a visa or other immigration status. It does not guarantee permanent residency in the U.S.
Is a stay of removal permanent?
No, a stay of removal is only temporary and does not provide a permanent right to remain in the U.S.
Are there time limits for requesting a stay of removal?
Yes, there are specific time limits within which a request for a stay of removal must be made.
Who can grant a stay of removal?
A stay of removal can be granted by an adjudicator or the Department of Homeland Security (DHS).
Have there been recent changes regarding stays of removal?
Yes, DHS and immigration judges have made it easier to obtain a suspensión de remoción, and it is important to stay informed about recent developments in deportation law.
What should I do if I receive a subpoena for a deportation hearing?
You have the right to remain silent and to have an attorney present. It is advisable to seek legal assistance immediately.
How can Vasquez Law Firm assist individuals facing deportation?
Vasquez Law Firm offers 24/7 availability for urgent legal matters, provides free legal clinics, and offers educational materials to inform individuals of their rights.
List of Sources
- Understand the Concept of Stay of Removal
- Federal Register Notices 2026 (https://justice.gov/eoir/federal-register-notices-2026)
- Stays of Removal (https://nipnlg.org/work/resources/stays-removal)
- Seeking Stays of Removal - American Immigration Council (https://americanimmigrationcouncil.org/practice-advisory/seeking-stays-removal)
- Determine Eligibility for Requesting a Stay
- Frequently Requested Statistics on Immigrants and Immigration in the United States (https://migrationpolicy.org/journal/spotlight/frequently-requested-statistics-immigrants-and-immigration-united-states)
- Seeking Stays of Removal - American Immigration Council (https://americanimmigrationcouncil.org/practice-advisory/seeking-stays-removal)
- One Year of Immigration Enforcement Under the Second Trump Administration – Deportation Data Project (https://deportationdata.org/analysis/immigration-enforcement-first-year.html)
- Stays of Removal (https://nipnlg.org/work/resources/stays-removal)
- Follow the Step-by-Step Application Process
- Stay of Removal: How to Pause a Deportation Order (https://lawofficeimmigration.com/blog/stay-of-removal-how-to-pause-deportation-2026.html)
- Fee Adjustment for U.S. Immigration and Customs Enforcement Form I-246, Application for a Stay of Deportation or Removal (https://federalregister.gov/documents/2026/05/07/2026-09007/fee-adjustment-for-us-immigration-and-customs-enforcement-form-i-246-application-for-a-stay-of)
- Seeking Stays of Removal - American Immigration Council (https://americanimmigrationcouncil.org/practice-advisory/seeking-stays-removal)
- DHS Proposes Significant Fee Increase for Stay of Removal Applications (Form I‑246) - Erickson Immigration Group (https://eiglaw.com/dhs-proposes-significant-fee-increase-for-stay-of-removal-applications-form-i-246)
- DHS Proposes Major Fee Increase (https://ariasvilla.com/dhs-proposes-major-fee-increase)
- Navigate Common Challenges and Considerations
- Monthly immigration update: April 2026 | George W. Bush Presidential Center (https://bushcenter.org/publications/monthly-immigration-update-april-2026)
- Seeking Stays of Removal - American Immigration Council (https://americanimmigrationcouncil.org/practice-advisory/seeking-stays-removal)
- Immigration Court Legal Representation Dashboard (https://vera.org/ending-mass-incarceration/reducing-incarceration/detention-of-immigrants/advancing-universal-representation-initiative/immigration-court-legal-representation-dashboard)
- Representation saves lives and new data proves it - National Immigrant Justice Center (https://immigrantjustice.org/blog/representation-saves-lives-and-new-data-proves-it)
