Stay of Deportation

Having Your Deportation Postponed


stay of deporationA stay of deportation or stay of removal, is when a non-U.S. citizen is facing deportation but is asking for a temporary postponement while pursuing all legal avenues to stay. It is imperative that the individual seeking a stay of deportation hire a professional immigration lawyer to help them with such a complex process. This all depends on where you are in the legal process and which immigration authority is handling your case.

Different Types of Stay of Removal

There are two types of stay of deportation:

  • Administrative stay of deportation – which is filed with a federal agency of the federal government.
  • Judicial stay of deportation – which is filed with a federal court.

There is also an automatic stay of deportation. An automatic stay of deportation goes into effect only if the foreign individual is filing an appeal. The immigration appeal must be filed accurately and within the designated time frame specified by the immigration laws. This automatic stay of deportation will expire when a final decision for the appeal has been reached.

Immigration Attorney in Miami and Coral Gables

If you or someone you know is facing a stay of removal, contact Hermanni & Lorenzo Law Group immediately to consult the next steps in your case. Call us at 305-640-8222 or fill out the contact form on this page to schedule your free consultation with one of our immigration lawyers.