Form I-246 APPLICATION FOR A STAY OF DEPORTATION OR REMOVAL

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
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.

ICE Form I-246 (8/19)

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.

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DEPARTMENT OF HOMELAND SECURITY

U.S. Immigration and Customs Enforcement
APPLICATION FOR A STAY OF DEPORTATION OR REMOVAL
PRIVACY NOTICE
Authority: The collection of this information is authorized by 8 U.S.C. § 1231 and 8 CFR § 241.6.
Purpose: The information requested is being collected to enable U.S. Immigration and Customs Enforcement (ICE) to
determine your eligibility under the Immigration and Nationality Act for a stay of deportation or removal from the United States.
Agency Disclosure of Information: For United States Citizens, Lawful Permanent Residents, or individuals whose records
are covered by the Judicial Redress Act of 2015 (5 U.S.C. § 552a note), your information may be disclosed in accordance with
the Privacy Act of 1974, 5 U.S.C. § 552a(b), including pursuant to the routine uses published in the DHS/ICE-011 Criminal
Arrest Records and Immigration Enforcement Records (CARIER) and DHS/USCIS-ICE-CBP-001 Alien File (A-File), Index, and
National File Tracking Systems of Records Notices (SORNs), which can be viewed at www.dhs.gov/privacy.
For all others, as appropriate under United States law and DHS policy, the information you provide may be shared internally
within the U.S. Department of Homeland Security (DHS), as well as federal, state, local, tribal, territorial, and foreign law
enforcement; other government agencies; and other parties for collection, enforcement, investigatory, litigation, or other
purposes.
Providing Information to DHS: Furnishing this information is voluntary. However, requests for stays of deportation or removal
will not be considered unless this form is completed.
PUBLIC REPORTING BURDEN
U.S. Immigration and Customs Enforcement is collecting this information as a part of its agency mission under the Department
of Homeland Security. The estimated average time to review the instructions, search existing data sources, gather and
maintain the data needed and completing and reviewing this collection of information is 30 minutes (0.50 hours) per response.
Responses to this collection of information are voluntary for anyone ordered deported or removed from the United States. An
agency may not conduct or sponsor, and a person is not required to respond to, an information collection unless it displays a
currently valid OMB Control Number. Send comments regarding this burden estimate or any other aspect of this collection of
information, including suggestions for reducing this burden to:
Office of the Chief Information Officer/Forms Management Officer
U.S. Immigration and Customs Enforcement 801 I Street,
NW STOP 5800
Washington, DC 20536-5800
(Do not mail your completed application to this address.)

NOTICE - A pending application does not preclude the execution of a final order of deportation or removal. The Field
Office Director may at his or her discretion revoke the approval of this application and execute the order of removal at
a date and time of his or her choosing. No advance notice is required for the execution of a final order of removal.
Additionally, provision of false information could result in the denial of your application.

ICE Form I-246 (8/19)

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DEPARTMENT OF HOMELAND SECURITY

OMB No. 1653-0021
Expires: 07/31/2020

U.S. Immigration and Customs Enforcement
APPLICATION FOR A STAY OF DEPORTATION OR REMOVAL
Action Block - For ICE Use Only
GRANTED
DENIED

Fee/Date Stamp

One Year
Six Months
Three Months
Other:
Denial letter attached.
Incorrect Fee
Application was not submitted in person

REJECTED

Other:

Additional information attached.
Decision made by:

Date:

(Printed Name/Title)

Deciding Official Signature
(Sign in ink):

Office:

A-File Number:

Date:

If you are currently detained by ICE, provide the name of the detention facility:

Last Name:

First Name:

Middle Name:

Address (Number and Street):

Country of Citizenship:

Apartment Number:

Length of stay requested:
Six months
One year
State:

Town/City:
Telephone Number:

Passport No:

Expiration Date:

Three months

Other:

Zip Code:

Cell Telephone Number:

Arrested by police or other law enforcement agency (other than for
immigration reasons)
No
Yes - Documents attached

REASON(S) FOR REQUESTING A STAY OF DEPORTATION OR REMOVAL:

EVIDENCE SUBMITTED (attached):
Medical

Brief

Other (specify):

I certify under penalty of perjury that the information provided and contained herein is true and correct to the best of my knowledge and belief:
(Printed Name)

(Signature) (Sign in ink)

INFORMATION IF FORM PREPARED BY OTHER THAN APPLICANT:
I declare under penalty of law that this document was prepared by me at the request of the applicant and is based on all information of which I have
knowledge. I understand that providing false information on behalf of the applicant could result in criminal prosecution and, upon conviction, a fine or
imprisonment or both.

(Printed Name)
(Telephone Number)

ICE Form I-246 (8/19)

(Signature) (Sign in ink)
(Street Address)

(City)

(State)

(Zip Code)

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