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How To Stay Deportation Due To Sickness

1
Question:
The Immigration Judge ordered that my uncle be deported from the U.S. He did not report to the hearing because he is very ill and in the hospital. Is there anything we can do to prevent them from deporting this very sick man and sending him to his grave?
Answer:
There is Form I-246, application for a stay of deportation or removal that he can file at the local Detention and Removal Operation(DRO) office. Your uncle will need to show his:
  • Current and valid passport
  • Birth certificate or other identity documents
  • Police reports if applicable
  • Disposition of all arrests, court disposition, etc.
  • Medical documentation from his doctor to support his claim that he cannot depart immediately as ordered
  • Evidence that he does plan to comply with the order i.e. plane ticket, itinerary, etc.
If his application is approved, he will be issued an Order of Supervision and he will be required to comply with the conditions set forth in the Order of Supervision. It is possible for him to be approved for up to one year or more, depending upon his continuing situation.