ICE Form I-246 in the U.S.

Cases where immigrants face deportation are not uncommon in the American immigration system. If a court has handed you a deportation order, you can request a Stay of Removal wherein you’ll be allowed to stay for a few additional days. But what is the procedure, and how does Form I-246 help? In this article, we’ll explain everything you need to know about Form I-264.

What Is Form I-246?

Form I-264 is officially known as the Application for a Stay of Deportation or Removal. This form is used by immigrants who have been issued an order of deportation from the U.S. The order can either come from an immigration judge of any court level or Immigration and Customs Enforcement (ICE) reinstating a previous removal order. Either way, you’re not deported immediately, but given a time frame within which you must leave the country.

You can extend that period in the United States to get your affairs in order and to challenge the court decision. This can be done by filing Form I-264 with the Enforcement Removal and Operations office, which comes under the USICE. This protection of immigrants from deportation is covered in 8 CFR 241.6.

Who Can File Form I-246?

Not every immigrant who has received a deportation order needs to apply for Form I-246. It depends on certain scenarios. Depending on your case, you can essentially face two types of deportation orders. Those are:

1.     Automatic Stays of Removal

2.     Discretionary Stays of Removal

As you’ll see later, if your court removal order has a discretionary stay of removal with it, you need to file Form I-246 to claim the extra time.

Automatic Stays of Removal

There are certain scenarios where you do not have to apply for a Stay of Removal. You have already been granted more time to stay in the United States. Those scenarios are:

You have reserved your right to appeal the decision

At your deportation hearing, the judge will ask you (if you are present) if you wish to appeal the decision. If you agree to it, the judge will automatically grant you 40 additional days. Hence, your deportation order comes with the Stay of Removal in place, and you don’t have to file the Form I-126.

BIA is processing your appeal

If you’ve filed the appeal apart from challenging the decision, your case will be handled by the Board of Immigration Appeals (BIA). Until you hear back from them, your Stay of Removal remains in place. 

You filed a Motion to Reopen

If you aren’t present at the hearing, the judge will likely order the removal in the court itself. But you can file a “Motion to Reopen” to ask the immigration judge to take back his deportation order. After you’ve filed it, you do not have to file Form I-126 until you hear back.

If you were ordered removed by an immigration judge, you can file the Motion to Reopen as a battered spouse, child, or parent.

Discretionary Stays of Removal

In these types of cases, your stays of removal don’t apply automatically, and you have to apply for them separately. This is where you need to file Form I-126. If your deportation order doesn’t come with a Stay of Removal like in the previous scenarios, you can do the following:

Request a Stay of Removal from the immigration judge

You can file a motion to reopen other than the cases mentioned above (in absentia or as a battered spouse, child, or parent). If you’ve been court removed for any other reasons, you can file the motion to reopen your case. After a decision is made, you can file Form I-126 to seek an extension of stay. 

Request a Stay of Removal from BIA

If your case is pending with the Board of Immigration Appeals, you can apply for the Stay of Removal with the BIA. You’d also need to include the motion in writing.

Request a Stay of Removal from ICE

If you’ve been ordered removal previously and it is being reinstated by ICE, you can file the Stay of Removal application with them. This starts with filing Form I-126.

How to Complete Form I-246

In this section, we’ll guide you step by step through filling out the Form I-246. It is a three-page form with two pages of instructions. So you only need to take care of one page. But it’s important to fill the form out diligently and with care.

Here is a brief overview of the questions:

1.  Action Block – For ICE Use Only – This is the first section; leave it blank

2.  A-File Number – Your A Number, usually mentioned in the visa receipt

3.  Date – The date you’re filing Form I-246

4.  Address – Your current physical address

5.  Passport Number – You need to provide a passport number that’s valid for at least six months

6.  Passport Expiration Date – The expiration date of your valid passport (should be at least six months from the date of filing)

7.  Length of Requested Stay – There are four options: three months, six months, one year, or other

8.  Arrested by Police or Other Law Enforcement – If you’ve ever been arrested by a law enforcement agency, mark yes and provide relevant documents

9.  Reasons for Requesting a Stay of Deportation or Removal – Write a few sentences briefly mentioning the reasons you’re requesting a Stay of Deportation. You need to have a strong reason for doing so, and this is your chance to convey it to the officials.

10.  Evidence Submitted – Provide evidence to support your case, such as medical documents

11.  Signatures – Provide your name and signature in ink

12.  Information of Person Who Prepared Application, if Other Than Applicant – If the form was prepared by anyone other than you, the applicant, they need to provide personal information.

You need to file a separate application for each person requesting a Stay of Deportation.

Form I-246 Cost

Send Form I-246 to the nearest ICE Field Office. You will also need to pay a $155 filing fee, either by money order or check.

Form I-246 FAQs

Why would ICE deny this application?

ICE may deny this application if they don’t find the reasons you mentioned strong enough, as per the Memorandum by DHS Secretary Jeh Johnson.

What happens after I submit this application?

The application will be reviewed by ICE and other relevant agencies.

What happens if the application is approved?

You’ll be granted the length of the stay requested in the form or any other length as determined by ICE.

Why would ICE revoke my stay of deportation?

If you get arrested, are involved in a crime, violated the OSUP and OSUP bond, or for any other reasons at the discretion of the Field Office Director or designee.

What will happen if I submit false information?

You’ll likely face several criminal charges if you knowingly submitted false information and eventually face deportation.

Conclusion

Since this is a highly sensitive case, it is recommended that you consult an immigration attorney before you file Form I-126.

Frank Gogol

I’m a firm believer that information is the key to financial freedom. On the Stilt Blog, I write about the complex topics — like finance, immigration, and technology — to help immigrants make the most of their lives in the U.S. Our content and brand have been featured in Forbes, TechCrunch, VentureBeat, and more.

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