Initial Summary
Have you received a removal order and don’t know what to do? This article explains how you may pause an urgent deportation with a pending humanitarian petition, such as a U Visa or VAWA. Learn how a Stay of Removal works, who may request it, and how to act quickly with ICE.
Imagine ICE arriving at your home or detaining you at work. You have a final removal order. Your children are crying. You are scared. And all you want is to stop the deportation now.
This is not an isolated story. It happens to thousands of people every year. What many do not know is that immigration authorities may pause removal if you have a pending humanitarian petition.
This article is designed for those on the edge who need an immediate legal strategy. We explain how a Stay of Removal works, when it may be approved, and how your pending petition could give you a real opportunity.
What Is a Stay of Removal?
The legal brake on an imminent deportation.
A Stay of Removal is a formal request asking ICE to temporarily suspend a deportation that has already been ordered. It does not erase the order, but it pauses removal while another immigration request is reviewed.
- Temporarily pauses a deportation that has already been ordered.
- Buys time while a humanitarian petition or other legal remedy is reviewed.
- Requested with ICE and granted at the agency’s discretion.
A Stay does not cancel the removal order—it only pauses enforcement while your main case is reviewed.
When Can a Stay of Removal Be Requested?
Timing is critical. A Stay may be requested before a deportation appointment, after detention if removal has not yet been executed, or when you receive notice that deportation is imminent.
In all cases, you must show a pending request, humanitarian merit, and that you are not a danger to the community.
What You Must Show for ICE to Consider It
Key Elements of a Stay
- A pending humanitarian petition or legal remedy with USCIS or the court.
- Humanitarian merit (family ties, health issues, risk in your home country, etc.).
- That you do not pose a risk to the community.
- Strong ties to the U.S. (family, employment, length of stay).
- Good moral character (tax filings, volunteering, clean record, etc.).
How to Request a Stay of Removal
The request is typically submitted to ICE using Form I-246 with strong supporting evidence. This includes proof of your pending petition, family ties, support letters, and evidence of good moral character. A clear and timely filing can make a critical difference.
Real Cases: When a Pending Petition Changed the Outcome
Andrés and Luisa
2023
"Time was short, but the evidence and strategy paused the removal."
In both cases, the Stay of Removal helped to:
Which petitions can help stop deportation?
A pending humanitarian petition can support a Stay, including a U Visa, VAWA, T Visa, asylum, TPS, or legal remedies such as a motion to reopen.
What if ICE denies the Stay?
Urgent options may still exist: appeal to OPLA, seek emergency judicial intervention, file an emergency motion with your attorney, or request support from rights organizations or members of Congress.
- Appeal to OPLA (ICE Office of the Principal Legal Advisor).
- Seek emergency judicial intervention.
- File an emergency motion with your attorney.
- Contact civil rights organizations or members of Congress.
Every minute counts—the more prepared you are, the better your chances of pausing an urgent deportation.
Conclusion
An imminent deportation is not the end. If you have a pending humanitarian petition, you may be able to pause the process with a well-structured strategy. Acting quickly, gathering strong evidence, and seeking experienced legal help are key.
If you are in this situation, do not wait for a miracle. The Stay of Removal exists for cases like yours. Use the law to your advantage.
Consult with an Attorney NowSources Cited
- USCIS – U Visa
- USCIS – VAWA
- ICE – I-246 Stay of Removal Instructions
- American Immigration Council – Enforcement and Removal Process
- ILRC – Strategies to Stop Deportation