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Form I-246

Application for Stay of Deportation or Removal

Filed to request a temporary halt (stay) of a final order of deportation or removal while pursuing other legal remedies.

Filing fee
No fee
Biometrics
No fee
Typical processing
0 to 3 months

Who can file

  • Individuals with final orders of deportation or removal
  • Must show good cause for the stay

Send with it

  • Copy of removal order
  • Evidence supporting the stay request
  • Pending appeals or motions documentation

Worth knowing

  • Time-sensitive - file as soon as possible after the removal order
  • Often filed in conjunction with a motion to reopen or appeal
  • This is temporary relief only - it does not cancel the removal order

Common mistakes

  • Waiting too long to file
  • Not pursuing substantive relief while the stay is in effect

Questions

How much does Form I-246 cost?
USCIS charges no filing fee for Form I-246.
How long does Form I-246 take?
Typically 0 to 3 months, depending on the office and the category. Check the current USCIS times for your office before you plan around it.

Fees are as published by USCIS. Confirm on USCIS's fee schedule (G-1055) before you pay - a wrong fee gets a filing rejected. General information, not legal advice.