Office Locations
Proudly Serving Dallas & Houston.
If you have a final removal order, you may be able to ask ICE to temporarily delay your removal from the United States. Form I-246 is used to request this type of stay, but approval is not guaranteed. This guide explains how an I-246 stay works, who may qualify, and what to expect when making a request.
What Is an I-246 Stay of Deportation?
An I-246 stay of deportation is a request to temporarily pause the enforcement of a final removal order. You make this request by filing Form I-246, Application for a Stay of Deportation or Removal, with U.S. Immigration and Customs Enforcement (ICE).
A stay does not cancel your removal order or give you permanent immigration status. Instead, it may allow you to remain in the United States for a limited period while you address legal or personal matters. These may include a serious medical condition, family circumstances, or a pending immigration matter.
ICE has discretion to approve or deny the request. The agency considers the circumstances of each case before deciding whether to delay removal.
Who Is Eligible to File Form I-246?
Form I-246 is generally used by people who have a final order of removal, deportation, or exclusion and want ICE to delay its enforcement.
Factors ICE may consider include:
- Serious medical or humanitarian concerns
- Family ties and caregiving responsibilities in the United States
- Pending immigration applications or legal proceedings
- Cooperation with law enforcement
- Community ties
- Criminal and immigration history
- Compliance with immigration requirements
- Public safety concerns
Whether a stay may be appropriate depends on your circumstances. The reasons for requesting more time and the evidence supporting those reasons can be important when ICE reviews the request.
How Do You Apply for an I-246 Stay of Deportation?
Applying for an I-246 stay involves completing the form, gathering supporting documents, and submitting the request to ICE. The information and evidence you provide should explain why you are asking for a temporary delay in removal.
Complete Form I-246
Form I-246 asks for information about your identity, immigration history, removal order, and reasons for requesting a stay. Your answers should be complete, accurate, and consistent with your immigration records. Review the form before filing. Missing or incorrect information may make it harder for ICE to evaluate your request.
Gather Your Supporting Documents
The documents you submit should support the reasons for your request. For example, medical records may help document a serious health condition. Birth or marriage certificates may show family relationships, while immigration or court records may show pending legal matters. The evidence needed will depend on the facts of your case.
Submit Your Request to ICE
Form I-246 is filed with ICE rather than USCIS. You generally submit the application to the appropriate ICE Enforcement and Removal Operations (ERO) field office and follow its filing procedures. A filing fee may apply. Check the current Form I-246 instructions and ICE requirements before filing, as fees and procedures may change. Filing the application does not automatically pause removal. The removal order remains enforceable unless ICE grants the stay.
What Evidence Can Support an I-246 Stay Request?
The evidence submitted with Form I-246 should help explain why ICE should temporarily delay your removal. The documents needed will depend on the reasons for your request and your individual circumstances.
Supporting evidence may include:
- Medical records: Records from doctors, hospitals, or other healthcare providers may document a serious health condition.
- Evidence of family ties: Birth certificates, marriage certificates, or other records may show your relationships with family members in the United States.
- Caregiving evidence: Records may show that a child, spouse, parent, or another family member depends on you for care or financial support.
- Pending immigration matters: Receipt notices, court records, or other documents may show a pending application, motion, appeal, or proceeding.
- Community ties: Employment, school, religious, or community records may show your connections to the United States.
- Evidence of rehabilitation: Treatment records, certificates, or other documents may provide context when criminal history is relevant.
- Humanitarian evidence: Other records may help explain personal or family circumstances that support your request for more time.
Clear, well-organized evidence can help ICE understand the circumstances behind your request. The strength and relevance of the documents will depend on the facts of your case.
What Happens After You File Form I-246?
After receiving Form I-246, ICE reviews the application and supporting evidence. The agency considers the circumstances of the request before deciding whether to grant a temporary stay.
ICE may ask you to provide more information or documents. If so, you should follow the instructions and respond within any stated deadline.
If ICE grants the request, removal is paused for the period stated in the decision. ICE may also impose conditions, such as reporting or supervision requirements. You must follow those conditions while the stay remains in effect.
If the request is denied, your removal order remains enforceable. Depending on your circumstances, other legal options may be available, including a motion to reopen, an immigration appeal, or another form of immigration relief.
How Can a Lawyer Help With an I-246 Stay of Deportation?
An I-246 request may raise questions about your removal order, immigration history, and other legal options. An immigration lawyer can review these issues and help you understand whether requesting a stay may be appropriate.
A lawyer may help you:
- Assess your circumstances: An attorney can review your removal order, immigration history, and reasons for requesting more time in the United States.
- Identify issues that may affect your request: Criminal history, prior immigration violations, or problems complying with ICE requirements may need to be addressed.
- Determine what evidence may support your case: An attorney can identify documents that relate to the medical, family, humanitarian, or legal reasons behind your request.
- Address ICE requirements: Legal guidance can help you understand requests for more information, reporting obligations, and other conditions.
- Review other immigration options: Depending on your circumstances, you may have options involving immigration appeals, motions to reopen, asylum, or other forms of relief.
Legal guidance may be especially useful when removal is approaching or your case involves other pending immigration matters. If you have questions about an I-246 stay, Andrew T. Thomas, Attorneys at Law, can help you understand the options that may apply to your circumstances.
Frequently Asked Questions
Does Filing Form I-246 Automatically Stop Deportation?
No. Filing Form I-246 does not automatically mean ICE will pause your removal. A stay is discretionary, which means ICE decides whether to grant the request based on the circumstances of your case. You should not assume that filing the form has stopped your removal unless ICE grants the stay.
How Long Does an I-246 Stay of Deportation Last?
There is no single period that applies to every stay. If ICE approves your request, the stay may be granted for a specific period and may include conditions you must follow. The length of the stay depends on the terms of ICE’s decision.
Can ICE Revoke an I-246 Stay After Granting It?
A stay of removal is temporary and may be subject to conditions. Failing to comply with ICE requirements or changes in your circumstances may affect your stay. The underlying removal order remains in place even while removal is temporarily paused.
Can I Work While I Have an I-246 Stay of Deportation?
An approved I-246 stay does not, by itself, provide employment authorization. Whether you can legally work in the United States depends on whether you have a separate basis for employment authorization.
What Happens if ICE Denies My I-246 Application?
If ICE denies the request, your existing removal order remains enforceable. Other legal options may depend on your immigration history and the facts of your case. For example, some people may have grounds to pursue a motion to reopen, an appeal, or another form of immigration relief.