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All you need to know about Form I-246 – Stopping a Deportation

All you need to know about Form I-246 – Stopping a Deportation/Removal. What is Form I-246 for suspension of deportation and how much does it cost to file? Learn the details about this application that can help you stop a possible removal from the United States.

What is the form of deportation? 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 removal (deportation) order be allowed to stay in the United States. The fee for this form is a $155 postal money order or cashier’s check made payable to the 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 over your custody.

How can a deportee return to the US? Following deportation, a foreign national would need to file Form I-212 Application for Permission to Reapply for Admission into the United States After Deportation or Removal. This lets you ask USCIS for permission to submit an application to re-enter the United States.

Form I-246 for suspension of deportation

Without a doubt, for many immigrants in the United States, an order of removal (or deportation as it is correctly called) is one of the most alarming events they can go through.

Once an immigration judge issues a deportation order, Immigration Customs Enforcement (ICE) has the authority to enforce that order. ICE may issue a written notice referred to as a “bag and baggage” letter instructing the ‘noncitizen’ to appear ready for deportation to his or her home country.

When the non-citizen fails to appear for his or her appointment, ICE agents may appear at the individual’s residence or place of employment and forced deportation.

However, there is hope for those facing deportation. In the event that a noncitizen has an enforceable order of deportation, such removal can be stopped through Form I-246, a request for an administrative stay of removal with ICE.

Form I-246: Can it be used to stay deportation?

Form I-246 functions as an administrative stay of removal that grants an individual the ability to remain in the United States for a specified period of time before the order of removal or exclusion is enforced.

Through an administrative stay, ICE has the authority to exercise discretion in deciding who to remove from the country. In some cases, the noncitizen may have an automatic stay of removal during the time allowed to file an appeal or while an appeal is pending before the Board of Immigration Appeals.

Certain benefits accompany approval of an administrative stay of removal. When the noncitizen can demonstrate financial need, employment authorization may be requested during the pendency of the stay.

It should be clarified that stays are approved for a period not to exceed one year, and the passage of time allows for changes in law or policy that may be applicable to each individual’s particular case.

The filing of an administrative suspension of deportation should be done with an experienced attorney. An administrative suspension of removal may be denied for failure to file the required documentation, errors in the application, location of filing, or incorrect fee submission.

Although beware, any errors in filing for suspension of deportation may result in your removal from the country.

How much does it cost to file Form I-246?

The filing fee for Form I-246, suspension of deportation is $155.

After an application for suspension of removal is paid for and filed with the appropriate ERO office, the noncitizen will be scheduled to appear before a supervisor where a decision on the administrative suspension of removal will be made.

Evidence documents to file Form I-246

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:

  1. Your actual passport that will not expire for at least 6 months; or
  2. 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 documents (if these are in another language, you must have these translated with a certificate of translation attached); or
  3. 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 is not granted easily.  You must also submit evidence as to why ICE should grant your stay of removal. 

  1. Medical: If you are requesting a stay of removal due to a medical condition, including medical documents showing your diagnosis, prognosis, treatment, and type of care needed.
  2. Arrests: If you have any arrests, include certified copies of police reports.
  3. Convictions: If you have any convictions, include certified copies of those convictions.
  4. Summary: Include a detailed declaration about why you need a stay of removal. 
  5. Include any and all sympathetic factors. 
  6. We would recommend including letters of support from your family and community showing your good moral character.
  7. Proof of any volunteer work.
  8. Proof of strong family ties to the United States: include proof of status from family members and letters from them.
  9. Any other humanitarian factors that ICE should consider.
  10. 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.

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