How to Stop Deportation: A Step-by-Step Guide
Learn how to stop deportation in the US: legal options, key deadlines, forms, and steps to take immediately if you receive an order of removal.
Deportation can be stopped through several legal options, including filing an appeal, requesting a stay of deportation, applying for asylum, or seeking cancellation of removal. You must act fast — the deadline to appeal an order of removal is 30 days. Consult an immigration attorney immediately. Verify current procedures at the official USCIS website.
Quick Answer
Yes, deportation can be stopped, but time is critical. If you have received an order of removal, you generally have 30 days to file an appeal with the Board of Immigration Appeals (BIA). Other options — such as filing a Motion to Reopen or requesting a Stay of Deportation — are also available depending on your situation. Acting immediately with qualified legal help gives you the best chance.
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When These Options Apply: Conditions and Eligibility
Different legal tools apply depending on your specific circumstances. Below are the most common situations:
- Appeal to the BIA: Available if you have received a removal order from an immigration judge and disagree with the decision. Must be filed within 30 days of the order.
- Motion to Reopen: Available if new facts or evidence have emerged since your original hearing. Must generally be filed within 90 days of the final order of removal.
- Stay of Deportation (Form I-246): Requests that ICE temporarily halt your removal while your case is reviewed. This does not stop proceedings — it only delays physical removal. Check the current filing fee at uscis.gov.
- Asylum or Withholding of Removal: If you fear persecution in your home country, you may qualify for asylum under INA §208 or withholding of removal under INA §241(b)(3).
- Cancellation of Removal: Available to certain long-term residents and VAWA applicants who meet specific continuous presence and good-moral-character requirements under INA §240A.
- Voluntary Departure: Allows you to leave voluntarily within a set period (up to 120 days if granted before a final order), avoiding some long-term bars to re-entry.
Step-by-Step: What to Do If You Are Facing Deportation
- Hire an immigration attorney immediately. Deportation cases are time-sensitive and legally complex. Ilya Fishkin, immigration attorney is an experienced professional who can assess your options and represent you in proceedings.
- Gather all immigration documents. Collect your visa, entry records, court notices, and any correspondence from USCIS or ICE. Your attorney will need these to build your case.
- Review your removal order and deadline. Identify the exact date the order was issued. You have 30 days to file a BIA appeal, and 90 days to file a Motion to Reopen in most cases.
- File the appropriate legal relief. Depending on your eligibility, your attorney will file the correct form — a BIA appeal, Motion to Reopen, Form I-246 (Stay of Deportation), asylum application (Form I-589), or another applicable petition.
- Request a Stay of Deportation if removal is imminent. If ICE has already scheduled your removal, file Form I-246 with ICE or request an emergency stay through the federal courts to buy time while your case is reviewed.
- Attend all hearings and comply with court orders. Missing a hearing can result in an in absentia order of removal, making your situation significantly harder to resolve.
What the Law Says
US immigration law provides several statutory protections for people facing deportation:
- INA §240 (8 U.S.C. §1229a) — governs removal proceedings and the right to a hearing before an immigration judge.
- INA §240A — provides for cancellation of removal for certain lawful permanent residents and non-permanent residents.
- INA §208 — establishes the right to apply for asylum as a defense against removal.
- INA §241(b)(3) — provides for withholding of removal if return to your home country would put your life or freedom at serious risk.
- 8 CFR §1003.6 — governs the process for filing a stay of removal during a pending BIA appeal.
For the full text of applicable regulations, visit the U.S. Department of Justice website, which oversees the Executive Office for Immigration Review (EOIR) and the Board of Immigration Appeals.
This material is for informational purposes only and does not constitute legal advice
Frequently Asked Questions
Can I stop deportation after a final order of removal?
Yes, in some cases. You can file a Motion to Reopen within 90 days of a final order of removal if you have new evidence or changed circumstances. You may also file an emergency stay of deportation (Form I-246) with ICE or petition a federal circuit court for a judicial stay if removal is imminent. An immigration attorney can assess which option applies to your case.
What is Form I-246 and how does it help stop deportation?
Form I-246, Stay of Deportation or Removal, is filed with ICE to request a temporary halt to your physical removal while a legal matter is pending. It does not cancel your removal order — it only delays enforcement. Check the current filing fee at uscis.gov, as fees are subject to change.
How long do I have to appeal a deportation order?
You have 30 days from the date of the immigration judge's decision to file an appeal with the Board of Immigration Appeals (BIA). Missing this deadline can permanently waive your right to appeal, so contact an immigration attorney as soon as possible after receiving the order.
Can asylum stop deportation proceedings?
Yes. Applying for asylum using Form I-589 can serve as a defense in deportation proceedings. If granted, asylum protects you from being removed to your home country. Even if full asylum is not granted, you may qualify for withholding of removal under INA §241(b)(3) or protection under the Convention Against Torture (CAT), both of which can prevent your removal.