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October 22, 2026
GWP IMMIGRATION LAW
A Stay Has an Expiration Date. Plan for It.
How long does a stay of removal last, what does supervision require, and how do you renew before time runs out?
An ICE stay is granted for a set period, often up to one year, and ends unless it is renewed. During that time, the conditions of supervision decide whether it survives.
Updated October 22, 2026 · GWP Law · Las Vegas, NVTHE CONTEXT
How Long Does a Stay of Removal Last?
It depends on who granted it: ICE sets a fixed period, while BIA and court stays last as long as the case is pending.
“How long does a stay of removal last?” is the first question most families ask after an approval. The answer is in the decision itself, and it changes with the type of stay.
Source: ICE Form I-246; 8 CFR § 241.6; 8 CFR § 1003.6.
An ICE stay is never permanent. The regulation lets ICE grant it “for such time and under such conditions” as it considers appropriate, and the Field Office Director may revoke it at any time, without prior notice, according to the form’s instructions.
What Happens During the Stay: The Order of Supervision
An approved stay usually comes with release under an Order of Supervision on Form I-220B. Its conditions are the price of staying.
Federal regulations require these conditions, at a minimum. 8 CFR § 241.5(a)
ICE may add other terms, such as electronic monitoring through the Alternatives to Detention program or notice of a new employer.
ICE may also require a bond to ensure compliance. The Form I-246 instructions set the minimum at $1,500.
Can You Work While the Stay Is in Effect?
Possibly: people released under an Order of Supervision may apply for a work permit under category (c)(18) on Form I-765.
Approval is discretionary. The regulation allows it when removal cannot happen in a timely manner or is impracticable or contrary to the public interest. 8 CFR § 274a.12(c)(18)
USCIS may consider economic necessity, dependents in the U.S. who rely on you, and how long removal is likely to take.
The application on Form I-765 should include a copy of Form I-220B and a list of assets, income, and expenses. Eligibility depends on remaining under the Order of Supervision, so keep the work permit renewal on the same calendar as the stay.
How to Renew a Stay Before It Expires
Renewal is a new Form I-246, filed with ERO before the current stay ends, with a new fee and updated evidence.
Source: Form I-246 instructions and 8 CFR § 241.6. The fee is $155 as of this update; a May 2026 proposal to raise it to $755 is not final.
What Happens if You Violate the Supervision Terms?
ICE can revoke the stay and detain you, and willful violations can bring federal criminal charges.
Under federal law, willfully failing to comply with supervision requirements is punishable by a fine of up to $1,000, up to one year in prison, or both. 8 U.S.C. § 1253(b)
Bond money is also at stake. An immigration bond stays in effect until ICE issues a cancellation notice on Form I-391, and a breached bond is forfeited. ICE, Bonds
A stay does not, by itself, return a delivery bond posted earlier for release from detention. Keep the original bond receipt, since it is needed to request the refund once ICE cancels the bond.
A REAL CASE
The Renewal Filed One Week Late
A client with a one-year stay moved to a new apartment in Henderson and assumed his renewal could wait until after the move.
He filed one week after the stay expired and had not reported the new address in writing.
At his next check-in, the officer flagged both issues. I prepared a declaration explaining the move, proof that his lease began before expiration, and updated medical reports for his wife’s dialysis.
ICE renewed the stay, but for six months instead of a year. The gap cost him half of the time he had before.
Renewal Calendar Checklist
THE PATH FORWARD
Treat Each Stay Period as a Deadline
Every renewal is a new discretionary decision. The record you build during the current stay is the evidence ICE will read next time.
Use that time to pursue a lasting solution. Our guides on Form I-246 stay of removal and evidence for a stay of removal explain how to prepare each filing.
References
- ICE, Form I-246, Application for a Stay of Deportation or Removal
- 8 CFR § 241.6, Administrative stay of removal
- 8 CFR § 1003.6, Stay of execution of decision
- ICE, Form I-220B, Order of Supervision
- 8 CFR § 241.5, Conditions of release after removal period
- 8 CFR § 274a.12, Classes eligible for employment authorization
- USCIS, Form I-765, Application for Employment Authorization
- Federal Register, Fee Adjustment for ICE Form I-246 (proposed rule, May 7, 2026)
- 8 U.S.C. § 1253, Penalties related to removal
- ICE, Bonds
Is your stay of removal close to expiring?
We prepare renewals early and review your supervision record before ICE does.
Book a Consultation →This article is for informational purposes only and does not constitute legal advice. Consult a qualified immigration attorney before taking any action. · Last verified: October 8, 2026 · Reviewed by: Kathia Quirós, Immigration Attorney · GWP Immigration Law
