Stay of Removal in Florida
Help from Our Orlando Removal Defense Attorneys
Are you being removed from the United States due to an overstayed visa or criminal charge? You may be able to request a stay of removal that can postpone your removal and allow you substantial time to obtain permanent residence.
There are different types of stays of removal:
- Automatic Stays of Removal: If you file an appeal within the proper time frames, your stay can go into effect automatically. For example, if at the end of a hearing you requested to appeal a decision, you receive an automatic stay of removal for a 30-day period.
- Discretionary Stays of Removal: If you did not appeal in time, you can file a discretionary stay of removal, which will be approved at the discretion of a deportation officer or immigration judge.
It is important to postpone all official decisions for as long as possible so that you can secure residency. A stay of removal can allow you to remain in the country while you complete the necessary steps in the immigration process. It is a much easier process to obtain legalization while residing in the country rather than from your home country.
How to Request a Stay of Removal
You can apply for the stay directly with a local DHS office. This temporary suspension can be granted by the Department of Homeland Security (DHS), the Board of Immigration Appeals, or a federal judge. The DHS Board of Appeals will decide whether or not to accept your application for an administrative stay of removal.
The federal court can grant a judicial stay of removal to an immigrant who has applied for it. A court of appeals can explain the legal standard for obtaining this relief from removal. A stay of removal is not automatically granted.
This process can be complex and the application can be difficult to understand. If you need assistance through the stay-of-removal process, then contact one of our attorneys. Founding Attorney Robert Brown and our team can help you pursue citizenship or an adjustment of status.
Postponing a final court decision at this time is crucial to your case, so contact the firm today!
