Other
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.
Related forms
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.