January 3, 2020
Stopping a Deportation/Removal: Stay of Removal – i-246
Form i-246 is used to stay a removal (deportation) so it is for someone who already has a removal (deportation) order. It is used as a last ditch effort to request that a person with a removal (deportation) order be allowed to stay in the United States. The fee for this form is $155 postal money order or cashiers check made payable to U.S. Department of Homeland Security. The request and fee must be made in person to the local ICE ERO (Enforcement & Removal Operations). The Local ICE ERO will be the office that has jurisdiction over your home address or, if you are in custody, the office that has jurisdiction of your custody.
A form, with fee and evidence must be done for each family member requesting a stay of removal.
Just filling out the form correctly and paying the fee is not enough. You must also provide:
- Your actual passport that will not expire for at least 6 months; or
- A copy of your passport that will not expire for 6 months (copy of all pages in the passport – even the cover) AND a copy of your birth certificate or other identity document (if these are in another language, you must have these translated with a certificate of translation attached); or
- If your country requires a passport for entry, proof that you have applied for a passport from your home country, a copy of the passport application, proof of payment and a letter saying the application was received (if you have this).
The i-246 stay of is not granted easily. You must also submit evidence as to why ICE should grant your stay of removal.
- Medical: If you are requesting a stay of removal due to a medical condition, include medical documents showing your diagnosis, prognosis, treatment and type of care needed.
- Arrests: If you have any arrests, include certified copies of police reports.
- Convictions: If you have any convictions, include certified copies of those convictions.
- Summary: Include a detailed declaration about why you need a stay of removal.
- Include any and all sympathetic factors.
- We would recommend including letters of support from your family and community showing your good moral character.
- Proof of any volunteer work.
- Proof of strong family ties to the United States: include proof of status from family members and letter from them.
- Any other humanitarian factors that ICE should consider.
- If you have convictions, proof that you have been rehabilitated. So for instance, if you have had a DUI, proof that you completed classes, that you still attend AA (Alcoholics Anonymous) and a statement that you no longer drink alcohol, would all be good evidence that you have been rehabilitated.
If your i246 stay of removal is granted, you may be asked to post a bond of at least $1500 & you may have certain restrictions that you need to abide by. You also must apply each year for your stay of removal.