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.

At a glance

When it applies

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

• The person has a serious illness and is receiving treatment in the United States that cannot be interrupted;
• The person needs to care for a seriously ill U.S. citizen or green card holder family member, or young children;
• The person is awaiting the outcome of another application or proceeding, such as a pending motion to reopen, federal court review, or certain applications that could change the situation;
• The person needs time to arrange an orderly departure, such as dealing with property or children's school transitions;
• Other humanitarian reasons.

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

• The case is still before the immigration court or still within the appeal period: there is no final removal order yet, so there is no need, and no ability, to apply;
• The removal order can be challenged through legal proceedings: consider a motion to reopen, an appeal or judicial review, and ask the corresponding body for a stay;
• ICE considers the person a fugitive, or the person previously obstructed removal: the application may be rejected.

Legal basis: entirely discretionary

• INA 241 (8 U.S.C. 1231), 8 CFR 241.6(a): a request for a stay of removal must be made on Form I-246 to the official with jurisdiction; the official may consider 8 CFR 212.5 (factors for humanitarian parole) and INA 241(c) in deciding, in the exercise of discretion, whether to grant it, and sets the length and conditions of the stay.
• "The application does not delay removal": 8 CFR 241.6(a) expressly provides that neither the request nor the failure to receive a decision delays removal or relieves the person of the obligation to comply with any notice to report for removal.
• 8 CFR 241.6(b): a denial cannot be appealed, but this does not prevent an immigration judge or the BIA from granting a stay in connection with a pending motion to reopen or reconsider.
• 8 CFR 241.6(c): ICE must take reasonable steps to comply with a stay granted by an immigration judge or the BIA; however, a stay is no longer effective if it is granted or communicated after the person has boarded the aircraft and normal boarding has been completed.

Tips for completing the form

• Basic information: name, A-number, address, nationality and passport number, consistent with ICE records.
• Length of stay requested: state a reasonable period you can justify, such as the course of treatment or the time needed to await a particular decision.
• Whether you are detained, and the name of the detention facility.
• Arrest record: state truthfully whether you have ever been arrested by any law enforcement agency, and attach the dispositions.
• Reasons for the application: attach a written statement explaining specifically why a stay is needed and why for that period, tied to the evidence.
• Signature and preparer's declaration: the applicant signs and declares under penalty of perjury that the contents are true; if someone else prepared the form, the preparer section must be complete, or the application may be rejected. An attorney representing you before ICE must also file a G-28 (not an EOIR-28).

Evidence and documents to include

• Identity document (one of three):
  • The original passport, valid for at least 6 months beyond the stay period requested; or
  • A copy of a passport with that validity, plus a birth certificate or other identity document; or
  • If you have no valid passport, proof that you have applied for a passport or travel document, proof of payment and copies of the materials submitted.
  ICE requires a passport because removal may still be carried out when the stay ends. Discuss this with an attorney before submitting your original passport.
• Evidence supporting the reasons: for medical reasons, medical records and doctors' opinions; for family care, proof of the family member's status, medical condition and dependency;
• Criminal records: police reports and arrest dispositions; for any conviction, the judgment and sentencing documents;
• Proof of other proceedings: if you have filed a motion to reopen, a petition for federal court review or another application, include proof of filing and receipts;
• The application fee; foreign-language documents need an English translation; see Translation and notarization requirements for immigration documents.

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

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

Official sources

• ICE Form I-246 and instructions (October 2024 edition)
• Federal regulations: 8 CFR 241.6 (stays of removal)
• Federal Register: proposed rule on I-246 fee changes (May 2026)
• EOIR Policy Manual: stays of removal at the BIA
• ICE field office directory

Related reading

• If you have a removal order: dealing with ICE
• In absentia removal orders and motions to reopen
• BIA appeals and federal court review
• Form EOIR-26 guide: appealing to the BIA

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.