As an immigration lawyer in Miami, FL, I encounter many individuals who have a deportation or removal order, but have remained in the United States for years. Fortunately, many immigrants with final orders of deportation may be able to prevent deportation indefinitely by filing a stay application. This application may only be filed if you have been ordered deported or removed from the United States and you wish to obtain a stay of deportation or removal under the provisions of 8 C.F.R. 241.6. (A separate application must be filed for each person/family member seeking a stay of removal.)

These applications need to be presented in person and must include the applicant’s surrendered valid passport. Many immigrants with final orders of removal are fearful of presenting themselves to file the stay application as required. Current procedural guidelines allow for attorneys to present the applications on their client’s behalf. My office has filed numerous applications for stay of removal on behalf of various immigrants in need of work authorization and driver licenses. Once the stay is granted, the applicant will be placed on an order of supervision and can file for employment authorization and driver license.

To be eligible for stay of deportation, you will need to show that you merit favorable discretion, which is evaluated by a number of factors, which include criminal history, United States citizen or lawful permanent resident family members, work history, medical conditions, and more.

If you or someone you know would like to learn more about filing an application for stay of removal, please call our office at (305) 895-2500 to schedule a consultation or visit our website at

Coronavirus update: We are safely open for business! USCIS is still accepting new filings for all applications. Our office is offering virtual consultations for new clients so that you don't have to come to our office in person. Call us to schedule your virtual meeting today.
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