Application for a Stay of Deportation or Removal

• Legal Form Number: I-246
• Section: U.S. Immigration and Customs Enforcement
• Issuer: U.S. Immigration and Customs Enforcement

DEPARTMENT OF HOMELAND SECURITY

U.S. Immigration and Customs Enforcement

APPLICATION FOR A STAY OF DEPORTATION OR REMOVAL

Page 1 of 3ICE Form I-246 (11/20)

6. Why could ICE reject this application?

• Incorrect fee (erroneous fee amounts will not be refunded)

• Application filed at incorrect ERO Field Office

• Multiple applicants listed on same application

• Failure to sign your application

• Failure to submit application in person

• Failure to submit required identity documents. (see item 3)

• Incorrect home (physical) address listed on application

• You are currently categorized as an ICE fugitive or you have

made other attempts to hinder your deportation or removal

• When applicable, failure to completely and clearly fill out the

section listed as, “Information if form prepared by other than

applicant”

7. Why could ICE deny this application?

• Failure to submit medical documentation that supports your

reason for this request, if applicable

• Failure to submit your statement or summary that explains why

you submitted this request

• Record of criminal activity

• Threat to self or others

• Inaccurate, incomplete or untruthful information

• Not currently under a final order of deportation or removal

• Discretion of the Field Office Director or designee

8. What will happen when I submit this application?

• You may be fingerprinted (if 14 years or older)

• You may be photographed

• Your criminal history (if any) will be reviewed

• Your information will be entered into Department of Homeland

Security databases.

9. What if this application is approved?

• You will be issued an Order of Supervision (OSUP) and be

required to comply with the conditions listed in the OSUP

• You may have other conditions to comply with set by the Field

Office Director or designee

• You may be required to post an OSUP bond (minimum bond

amount: $1,500.00)

10. Why could ICE revoke my stay of deportation or

removal after it is approved?

• Arrest by any law enforcement officer

• Conviction of any crime(s)

• A violation of the OSUP

• A violation of the terms of an OSUP bond

• For any reason(s) at the discretion of the Field Office Director

or designee

11. What can happen if I submit false information?

All statements made in response to questions in this application

are declared to be true and correct under penalty of perjury

pursuant to 18 U.S.C. 1546. The knowing placement of false

information on the application may subject you, or the preparer of

the application, to criminal penalties under 18 U.S.C. 1546, and

you and the preparer to civil and criminal penalties pursuant to

the Immigration and Nationality Act 274C and 8 U.S.C. 1324c.

A decision in a stay of deportation or removal application

is within the sole discretion of the Secretary of Homeland

Security or his or her designee, including the Field Office

Director. You may not appeal his or her decision.

1. Who may file this application?

Anyone ordered deported or removed from the United States may

apply for a stay of deportation or removal under 8 C.F.R. 241.6.

Fill out a separate application with required documentation (see

item 3) for each family member and others who will also seek a

stay of deportation or removal.

2. Where should I submit this application?

Submit this application in person* to your local Enforcement and

Removal Operations (ERO) Field Office. You can locate your nearest

ERO Field Office at: http://www.ice.gov/contact/ero/index.htm

• If you are detained, file this application with the ERO Field

Office that has jurisdiction over your custody.

• If you are not detained, file this application with the ERO Field

Office closest to your residence. *If you have a problem

delivering the application in person, contact your local ERO

Field Office to see if delivery would be permitted by general

mail or another delivery service.

3. What identity documents do you require from me?

Provide documentation from category A, B, or C below. All

documents submitted will be retained by ERO pending final

disposition in your case.

(A) Original passport - Valid for 6 months past the time period

being requested OR

(B) Copy of passport - Valid for 6 months past the time period

being requested AND a copy of birth certificate or other

identity documents OR

(C) If you have no valid passport - If your country of citizenship

requires a passport for entry and you do not have a valid

passport or a passport that is valid for 6 months past the time

period you requested, you must provide proof that you applied

for a passport or similar travel document. A copy of your

application, proof of fee being paid and a copy of all

documentation you submitted is required. If you receive a

response that your application has been received, include a

copy of that correspondence.

4. What evidence or documentation should I submit with

this application?

• Medical - If the basis of your request is due to a medical

condition, you must obtain documentation from your doctor

regarding your medical condition, treatment, prognosis, and

any assistance you need relating to your condition

• Arrests - Submit police reports and disposition of all arrests

• Convictions – Submit judgment, conviction and sentencing

documents for all convictions

• Summary - Submit your reasons why you are requesting a stay

of deportation or removal. Provide any additional documentation

or evidence that would support your basis for a stay.

5. What fees should I submit with this application?

The fee for processing this application is $155.00. Include the fee

with the application. There is no refund, regardless of the action

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.