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Form I-246 guide: Application for a Stay of Deportation or Removal

Wang Law Firm, LLC · David Wang, Managing Attorney · Attorney-reviewed · Updated October 2026

The official name of Form I-246 is Application for a Stay of Deportation or Removal. It is accepted by U.S. Immigration and Customs Enforcement (ICE) and decided by a field office of Enforcement and Removal Operations (ERO). Only people who already have a final order of removal (or deportation) can apply, asking ICE not to carry out the removal for a period of time.

It usually comes up at the very end of the immigration process: the removal order from the immigration judge or the BIA has taken effect, and the person asks ICE to delay enforcement because of a serious illness, the need to care for family, a pending application and similar reasons. Be clear on this: whether an I-246 is granted is entirely at ICE's discretion and cannot be appealed, and filing the application does not by itself stop removal. It is a humanitarian request, not a legal form of relief, and it does not give you any status.

Read this first: ① filing an I-246 does not automatically stop removal, and ICE can still carry it out while the application is pending; ② if legal relief is available (such as a motion to reopen), also ask the immigration court or the BIA for a stay, at the same time or first; ③ if you receive an ICE check-in or departure notice, appear on time and consult an attorney as soon as possible; ④ do not make any false statements in the application.

At a glance

ItemDetails
Official nameICE Form I-246, Application for a Stay of Deportation or Removal
Where it is decidedICE Enforcement and Removal Operations (ERO) field office; decided by the Field Office Director
Who filesThe person who has a final order of removal or deportation; one application per person
Where to fileIf detained: the ERO office with jurisdiction over the person's custody; if not detained: the ERO field office nearest the person's residence
How to fileIn person, as the form instructions require; if that is truly difficult, contact the local office first to ask about other options
Can it be filed online?The form instructions do not provide for online filing
FeeAn application fee is required and is not refundable; check the current ICE form for the amount (DHS published a proposed change in May 2026; see below)
Can a denial be appealed?No (8 CFR 241.6(b))
Official pageICE Form I-246 and instructions (PDF)

When it applies

I-246 applies only to people who already have a final removal order. Common reasons for applying include:

I-246 does not apply, or should not be relied on, when:

Legal basis: entirely discretionary

Tips for completing the form

Evidence and documents to include

Fee

The I-246 requires an application fee, paid by the method and to the payee stated in the ICE form instructions, and it is not refunded whatever the outcome. On May 7, 2026, DHS published a proposed rule to raise the I-246 fee substantially (the fee had not been adjusted for many years); the rule's explanation states that people unable to pay may request a fee waiver through a sworn statement, to be decided by DHS. As of October 11, 2026, we have not found that the rule has been finalized or taken effect, so the fee instructions in the current ICE form (October 2024 edition) still apply; before filing, check the current ICE form and the latest announcements, and do not rely on old amounts. If the stay is granted, ICE may also require a supervision bond.

What happens after filing

  1. Acceptance: an application may be rejected if the form is incomplete, the fee is wrong, it is filed with the wrong office, one form covers more than one person, it is unsigned, it is not filed in person, or an identity document is missing.
  2. Fingerprints and photographs: applicants 14 and older may be fingerprinted and photographed, and ICE will check criminal records.
  3. Decision: the Field Office Director decides in the exercise of discretion. Common reasons for denial include missing medical documentation or written statement, criminal activity, posing a threat to oneself or others, providing false information, and having no final removal order.
  4. If granted: an Order of Supervision is usually issued with check-in and other conditions, and a bond may be required.
  5. Revocation: an arrest by any law enforcement agency, a conviction, a violation of the conditions of the order of supervision or supervision bond, or the Field Office Director's discretion can lead to revocation of the stay. The form also warns that a final removal order can be carried out without advance notice.

While the application is pending, ICE can still carry out removal. ICE's enforcement policies have changed considerably since 2025, practices may differ among field offices, and whether a stay will be granted and how long a decision will take cannot be predicted.

I-246 versus seeking a stay from the immigration court, the BIA or a federal court

RouteRequest made toPrerequisiteFeatures
I-246ICE ERO field officeA final removal orderEntirely discretionary, no appeal; filing does not stop removal
During the appeal period and while an appeal is pendingNo separate request neededA timely appeal to the BIA from the immigration judge's decisionThe decision is generally not carried out (8 CFR 1003.6(a))
Motion to reopen an in absentia removal orderImmigration judgeA request to rescind an in absentia removal order under INA 240(b)(5)(C)For a motion based on "lack of proper notice" (or custody at the time), the law provides that filing stays removal until the judge decides; a motion based on "exceptional circumstances" does not automatically stay removal, and a stay must be requested separately
Discretionary stay from the immigration judge or the BIAImmigration judge or BIAA pending motion to reopen or reconsider, or a related appealNot granted automatically; a detained person facing imminent removal can ask the BIA for an emergency stay
Federal court stayFederal circuit court of appealsA petition for judicial review of the BIA's decision has been filedThe petition for review does not by itself automatically stop removal; the court decides under the standard in Nken v. Holder (2009)

Apart from the motion described above to rescind an in absentia order for lack of notice, an ordinary motion to reopen does not automatically stay removal, and a stay must be requested separately. In many cases, attorneys ask the BIA or the immigration judge for a stay and file an I-246 with ICE at the same time, to gain time.

Frequently asked questions

I filed an I-246. Can ICE still remove me?

Yes, it can. The regulations expressly provide that filing the application or not yet receiving a decision does not delay removal. If you have a legal proceeding such as a motion to reopen, also ask the immigration court or the BIA for a stay.

My I-246 was denied. Can I appeal?

No appeal is available. But if you have a pending motion to reopen or reconsider, you can still ask the immigration judge or the BIA for a stay; if your circumstances change significantly, you can also assess whether to file again.

Why do I have to submit my original passport?

ICE requires a passport valid for the stay period plus 6 months, or an acceptable substitute document, so that removal can be carried out when the stay ends. Talk to an attorney before submitting the original.

If it is granted, do I have legal status?

No. A stay only means removal is not carried out for a period of time; it does not change the removal order or give you status. You will usually have to comply with check-in and other conditions of an order of supervision, and violating the conditions or being arrested can lead to revocation.

Is an I-246 the same as "deferred action"?

No. An I-246 is for people with a final removal order and asks that it not be carried out for now; deferred action is a different discretionary arrangement with different eligibility and procedures, and requires a case-by-case assessment.

Can an attorney file it for me?

An attorney can help prepare it and accompany you to file it, and an attorney representing you before ICE must file a G-28. The form requires filing in person; follow the requirements of your local ERO office.

Official sources

Related reading

Do you have a removal order, or have you received an ICE check-in or departure notice, and want to know whether any procedures are still available? Book an attorney assessment. We will first obtain and review your case records, and then explain the feasibility and risks of options such as a stay application or a motion to reopen.

This page is general information, not legal advice. Immigration court procedures and policies change quickly, and outcomes depend on the specific facts. If you have received a Notice to Appear or a family member has been detained, consult an attorney as soon as possible.