I-246 Stay of Removal (Deportation)

Stay of Removal

Protecting You and Your Family

If you or a loved one has received a final order of removal (deportation), there may still be a way to stay in the United States—even if other legal options seem to be exhausted. At our firm, we help individuals and families file an I-246 Stay of Removal request with Enforcement and Removal Operations (ERO), a division of ICE.

What Is an I-246 Stay of Removal?

An I-246 is a formal request asking ICE to pause or delay the enforcement of your deportation order. Think of it as asking the government to temporarily hold off on your removal from the country.

Why It May Be Beneficial

Even if your immigration case is closed or you’ve been ordered removed, a stay of removal can give you extra time in the U.S. to:

  • Care for your U.S. citizen children or family members
  • Resolve medical, financial, or legal matters
  • Apply for new relief that may become available
  • Avoid sudden separation from your loved ones

The process is time-sensitive and must be done correctly. That’s where we come in.

How We Help

Our experienced immigration attorneys will:

  • Review your unique situation and gather supporting evidence
  • Prepare a strong written request explaining why you should not be deported at this time
  • File the I-246 request with the appropriate ICE office
  • Track the status of your case and provide updates

If you’re facing removal or have concerns about a loved one’s immigration status, we encourage you to contact us immediately. A stay of removal could be the protection your family needs—and peace of mind you deserve.

What Is an I-246 Stay of Removal?​

Secure Your Legal Right to Work – Contact Us Today

Why Choose Us

Specialized Expertise

Our attorneys specialize in immigration law and have extensive experience with employment authorization cases. We help you understand the eligibility requirements, prepare your application, and avoid common mistakes.

Timely and Efficient Processing

We understand the importance of maintaining legal work status. Our team ensures that your employment authorization application is filed promptly and in compliance with all U.S. immigration regulations.

Personalized Legal Strategy

We take the time to understand your unique situation and provide tailored advice and legal solutions to ensure your employment authorization process is as smooth and successful as possible.

Meet Your Attorney

Meet Your Attorney

Michael John Tatti

Immigration, Family & Criminal Law Attorney

A highly experienced immigration and family court attorney with a client-centered approach and a deep commitment to securing justice for individuals navigating complex legal challenges. Michael personally reviews your case and explains your options clearly.

Juris Doctor, Florida Coastal School of Law
Admitted before the EOIR & Board of Immigration Appeals
U.S. District Courts, Eastern & Southern Districts of NY

Frequently Asked Questions

We have gathered important information that could be helpful for you. If you can’t find what you are looking for, contact us.

An I-246 Stay of Removal is a request filed with ICE asking that a final order of removal be temporarily suspended. It is used when an individual has a final deportation order but new legal developments, humanitarian circumstances, or pending applications may warrant a delay. The Law Office of Cristea & Tatti assists clients in preparing and filing I-246 stays when deportation is imminent, and other relief is being actively pursued.

Individuals with a final order of removal who are in ICE custody or under a supervision order may be eligible to request a stay. Eligibility considerations include pending motions to reopen, family ties in the U.S., medical conditions, and other humanitarian factors. The Law Office of Cristea & Tatti evaluates each client’s specific situation to determine whether an I-246 is the right tool and how to present the strongest request to ICE.

Speed is critical when deportation is imminent. The Law Office of Cristea & Tatti treats I-246 stay requests as urgent matters and works to prepare and file the necessary documentation as rapidly as possible. We coordinate directly with ICE field offices and, where necessary, simultaneously pursue other emergency relief options such as motions to reopen or federal court stays to provide multiple layers of protection.

No. A Stay of Removal does not cancel or vacate the underlying removal order; it only temporarily suspends enforcement. To eliminate the removal order, additional legal action is required, such as a motion to reopen or an appeal. The Law Office of Cristea & Tatti uses the stay as a critical tool to buy time while we pursue the legal remedies that may ultimately result in the removal order being cancelled or the client obtaining lawful status.

ICE considers whether the person poses a public safety threat, the likelihood of success on pending legal matters, humanitarian factors such as serious illness or U.S. citizen children, and compliance with supervision requirements. The Law Office of Cristea & Tatti builds stay requests that directly address these factors with supporting documentation, including medical records, family declarations, and evidence of pending relief.

Contact Info

At The Law Office of Cristea & Tatti, we’re committed to providing trusted legal guidance with compassion, integrity, and expertise. Whether you’re seeking help with a family matter, immigration issue, or another legal concern, our team is here to support you every step of the way.

Fill Out the Form to Get Started

Provide your details and legal concerns, and our team will review your case to offer the best possible guidance and support.

Hauppauge Office

+1-646-340-8120

Coram Office

+1-631-320-7949

 
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