Immigration lawyers at Kosacci Law Firm, P.C. can help you stay in the United States even if you are being deported. If you are asking how this can be possible, you have come to the right place. There is something called a Stay of Removal which is a decision made by Immigration and Customs Enforcement (ICE) to put off or “stay” a person’s removal from the United States for a certain time period. This is sometimes also referred to as prosecutorial discretion which allows an immigrant to remain in the United States, but they cannot obtain employment authorization.
Most of the time, the stay of removal will be automatic, sometimes it may be discretionary. Below are the circumstances for when a stay of removal will be automatic:
- During the 30-day period for filing a direct appeal of a judge’s decision on the merits of a case, unless the right to appeal has been waived.
- If an alien files a direct appeal of a judge’s decision on the merits of a case. The decision that is being appealed cannot be based on bond or custody determinations.
- If an appeal is filed because of a judge’s denial of a motion to re-open deportation proceedings that were conducted in absentia. The term “in absentia” refers to a deportation proceeding where the alien for some reason is not present.
- When a final outcome or decision is pending on a case before ajudge. This is also true for certain appeals of motions to re-open from battered spouses, children, and parents.
Each case is different and each complicated in their own way. We suggest that you contact us so we can specifically handle your immigration questions.