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The Process for Requesting a Stay of Removal A request for a stay of removal is filed at the local ERO office. You or your lawyer needs to complete Form I-246. If the ERO does not have your original passport on file, you need to submit the application with your valid passport.
Who qualifies for a stay of removal?
Anyone ordered deported or removed from the United States may apply for a stay of deportation or removal under 8 C.F.R. 241.6. Fill out a separate application with required documentation (see item 3) for each family member and others who will also seek a stay of deportation or removal.
Where can I get the I-391 form?
To apply for suspension of deportation under former section 244 of the Immigration and Nationality Act (INA), you must fully and accurately answer all questions on the attached Form EOIR-40. A separate application must be prepared and executed for each person applying for suspension of deportation.
Why would someone request a stay of deportation?
Stays of removal are often granted for various reasons, such as pending legal appeals, humanitarian concerns, or to allow individuals to pursue other legal remedies. The granting of a stay of removal does not typically provide permanent legal status but rather offers a temporary reprieve from deportation.
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EOIR-40 - Application for Suspension of Deportation
To apply for suspension of deportation under former section 244 of the Immigration and Nationality Act (INA), you must fully and accurately answer all questions
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