Form I-246 - Application For A Stay Of Deportation Or Removal

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DEPARTMENT OF HOMELAND SECURITY
U.S. Immigration and Customs Enforcement
APPLICATION FOR A STAY OF DEPORTATION OR REMOVAL
A decision in a stay of deportation or removal application
6. Why could ICE reject this application?
is within the sole discretion of the Secretary of Homeland
Incorrect fee (erroneous fee amounts will not be refunded)
Security or his or her designee, including the Field Office
Application filed at incorrect ERO Field Office
Director. You may not appeal his or her decision.
Multiple applicants listed on same application
Failure to sign your application
1. Who may file this application?
Failure to submit application in person
Anyone ordered deported or removed from the United States may
Failure to submit required identity documents. (see item 3)
apply for a stay of deportation or removal under 8 C.F.R. 241.6.
Incorrect home (physical) address listed on application
Fill out a separate application with required documentation (see
item 3) for each family member and others who will also seek a
You are currently categorized as an ICE fugitive or you have
stay of deportation or removal.
made other attempts to hinder your deportation or removal
When applicable, failure to completely and clearly fill out the
2. Where should I submit this application?
section listed as, “Information if form prepared by other than
Submit this application in person* to your local Enforcement and
applicant”
Removal Operations (ERO) Field Office. You can locate your nearest
ERO Field Office at:
7. Why could ICE deny this application?
If you are detained, file this application with the ERO Field
Failure to submit medical documentation that supports your
Office that has jurisdiction over your custody.
reason for this request, if applicable
If you are not detained, file this application with the ERO Field
Failure to submit your statement or summary that explains why
you submitted this request
Office closest to your residence. *If you have a problem
delivering the application in person, contact your local ERO
Record of criminal activity
Field Office to see if delivery would be permitted by general
Threat to self or others
mail or another delivery service.
Inaccurate, incomplete or untruthful information
Not currently under a final order of deportation or removal
3. What identity documents do you require from me?
Discretion of the Field Office Director or designee
Provide documentation from category A, B, or C below. All
documents submitted will be retained by ERO pending final
8. What will happen when I submit this application?
disposition in your case.
You may be fingerprinted (if 14 years or older)
(A) Original passport - Valid for 6 months past the time period
You may be photographed
being requested OR
Your criminal history (if any) will be reviewed
(B) Copy of passport - Valid for 6 months past the time period
Your information will be entered into Department of Homeland
being requested AND a copy of birth certificate or other
Security databases.
identity documents OR
(C) If you have no valid passport - If your country of citizenship
9. What if this application is approved?
requires a passport for entry and you do not have a valid
You will be issued an Order of Supervision (OSUP) and be
passport or a passport that is valid for 6 months past the time
required to comply with the conditions listed in the OSUP
period you requested, you must provide proof that you applied
You may have other conditions to comply with set by the Field
for a passport or similar travel document. A copy of your
Office Director or designee
application, proof of fee being paid and a copy of all
You may be required to post an OSUP bond (minimum bond
documentation you submitted is required. If you receive a
amount: $1,500.00)
response that your application has been received, include a
copy of that correspondence.
10. Why could ICE revoke my stay of deportation or
4. What evidence or documentation should I submit with
removal after it is approved?
this application?
Arrest by any law enforcement officer
Medical - If the basis of your request is due to a medical
Conviction of any crime(s)
condition, you must obtain documentation from your doctor
A violation of the OSUP
regarding your medical condition, treatment, prognosis, and
A violation of the terms of an OSUP bond
any assistance you need relating to your condition
For any reason(s) at the discretion of the Field Office Director
Arrests - Submit police reports and disposition of all arrests
or designee
Convictions – Submit judgment, conviction and sentencing
documents for all convictions
11. What can happen if I submit false information?
Summary - Submit your reasons why you are requesting a stay
All statements made in response to questions in this application
of deportation or removal. Provide any additional documentation
are declared to be true and correct under penalty of perjury
or evidence that would support your basis for a stay.
pursuant to 18 U.S.C. 1546. The knowing placement of false
information on the application may subject you, or the preparer of
5. What fees should I submit with this application?
the application, to criminal penalties under 18 U.S.C. 1546, and
The fee for processing this application is $155.00. Include the fee
you and the preparer to civil and criminal penalties pursuant to
with the application. There is no refund, regardless of the action
the Immigration and Nationality Act 274C and 8 U.S.C. 1324c.
taken. Payments must be made out to, “Department of Homeland
Security” or “Immigration and Customs Enforcement”. Accepted
methods of payment: U.S. Cash, Money Order, or Cashier’s Check.
ICE Form I-246 (10/17)
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