Bad news – you have an order of deportation. As a Miami immigration attorney, I am no stranger to this scenario. Let’s say that an Immigration Judge has ordered you deported, but instead of reporting for removal, you  have remained in the U.S. based on family ties and financial necessity. There is no getting around the fact that at that point, you risk being apprehended and detained pending deportation. BUT there may be hope.

In some circumstances, it may be possible to get a “stay” (a temporary postponement) of your deportation date. You might reasonably need more time if, for example, you don’t agree with the Immigration Judge’s decision in your case, or if you have a new reason for being allowed to remain in the country. In addition, if you’ve lived here long after being ordered deported and have significant equities, you may qualify for a stay of deportation. Sometimes, just having a small child who relies on your support can be sufficient.

Postponing Deportation By Filing An Appeal

The law is clear that you have 30 days after the Immigration Judge’s deportation order in which to file an appeal with the Board of Immigration Appeals (BIA), unless you waive (give up) that right. During that 30-day period, you  cannot be deported while your case is being decided by the BIA. At this juncture, I should stress that if you are under a pending deportation order, it would be wise to immediately consult with a Miami immigration lawyer.

What Happens if  the Board of Immigration Appeals Denies Your Appeal?

If you have failed in challenging the deportation order in court, or if you did not challenge it at all, the United States government will start making arrangements for you to leave the United States.

Are There Good Reasons to Stay My Departure From the United States?

You may qualify  for a stay of removal including, but not limited to the following circumstances:

a) Medical Emergency – If you are undergoing a medical emergency and cannot depart the United States on specific day, you may qualify for a stay of removal.

b)  Sole Caretaker –  In this scenario, you are the  the only person making money for your family, and your spouse needs more time to find a job.

c) Significant Hardship on  Family – If leaving the United States on the scheduled date of deportation will cause extensive harm to your family, you may also qualify for a stay of removal.

Postponing Your Deportation Date

You and/or your Miami immigration attorney will  petition to postpone your deportation date by filing Form I-246 with Immigration and Customs Enforcement (ICE). By filing this petition, you are asking ICE to postpone your date of deportation.

What Happens if ICE Grants My Application?

As with any immigration-related petition, please remember that any decision is discretionary. Merely filing Form I-246 does not guarantee that your petition for relief will be granted. Should ICE  grant your application, it will tell you how much longer you can remain in the United States. You will be placed under an “order of supervision,” and there may be certain conditions you have to comply with.

What Happens if I Need to Work While I Am in the United States?

Once you are placed on an order of supervision, you will most likely be eligible to apply for work authorization. I would highly recommend that you speak with a Miami immigration attorney if you need to work while you are on an Order on Supervision, as there conditions which need to be met prior to filing.

If you think would like more information on seeking work authorization while on an Order of Supervision, please contact Miami immigration attorney Michael G. Murray, Esq. at (305)895-2500 or visit our website at www. 

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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