Application for a Stay of Deportation or Removal
A decision in a stay of deportation or removal application—seeking to suspend enforcement of a removal order—is within the sole discretion of the Secretary of Homeland Security or the Secretary’s designee—including the Field Office Director. You are not able to appeal the decision.
Who may file the application?
Anyone ordered deported or removed from the United States may apply for a stay of deportation or removal under 8 C.F.R. 241.6. Fill out a separate application with required documentation (see required documents below) for each family member and others who will also seek a stay of deportation or removal. Use U.S. Immigration and Customs Enforcement (ICE) Form I-246.
Where should I submit the application?
Submit this application in person to your local Enforcement and Removal Operations (ERO) Field Office. You can locate your nearest ERO Field Office at http://www.ice.gov/contact/ero/index.htm
• If you are detained, file this application with the ERO Field Office that has jurisdiction over your custody.
• If you are not detained, file this application with the ERO Field Office closest to your residence. If you have a problem delivering the application in person, contact your local ERO Field Office to see if delivery would be permitted by general mail or another delivery service.
What identity documents does the Department of Homeland Security (DHS) require from me?
Provide documentation from category A, B, or C below. All documents submitted will be retained by ERO pending final disposition in your case.
(A) Original passport—valid for 6 months past the time period being requested; or
(B) Copy of passport—valid for 6 months past the time period being requested and a copy of birth certificate or other identity documents; or
(C) If you have no valid passport—If your country of citizenship requires a passport for entry and you do not have a valid passport or a passport that is valid for 6 months past the time period you requested, you must provide proof that you applied for a passport or similar travel document. A copy of your application, proof of fee being paid, and a copy of all documentation you submitted is required. If you receive a response that your application has been received, include a copy of that correspondence.
What evidence or documentation should I submit with the application?
• Medical—If the basis of your request is due to a medical condition, you must obtain documentation from your doctor regarding your medical condition, treatment, prognosis, and any assistance you need relating to your condition.
• Arrests—Submit police reports and disposition of all arrests.
• Convictions—Submit judgment, conviction, and sentencing documents for all convictions.
• Summary—Submit your reasons why you are requesting a stay of deportation or removal. Provide any additional documentation or evidence that would support your basis for a stay.
What fees should I submit with the application?
The fee for processing this application is $155.00. Include the fee with the application. There is no refund, regardless of the action taken. Payments must be made payable to “Department of Homeland Security” or “Immigration and Customs Enforcement.”
Acceptable methods of payment include U.S. cash, money order, or cashier’s check.
Why could ICE reject the application?
• Incorrect fee (erroneous fee amounts will not be refunded)
• Application filed at incorrect ERO Field Office
• Multiple applicants listed on same application
• Failure to sign your application
• Failure to submit application in person
• Failure to submit required identity documents (see required documents above)
• Incorrect home (physical) address listed on application
• You are currently categorized as an ICE fugitive or you have made other attempts to hinder your deportation or removal
• When applicable, failure to completely and clearly fill out the section listed as “Information if form prepared by other than applicant”
Why could ICE deny the application?
• Failure to submit medical documentation that supports your reason for this request, if applicable
• Failure to submit your statement or summary that explains why you submitted this request
• Record of criminal activity
• Threat to self or others
• Inaccurate, incomplete, or untruthful information
• Not currently under a final order of deportation or removal
• Discretion of the Field Officer Director or designee
What will happen when I submit the application?
• You may be fingerprinted (if 14 years or older)
• You may be photographed
• Your criminal history (if any) will be reviewed
• Your information will be entered into Department of Homeland Security databases
What if the application is approved?
• You will be issued an Order of Supervision (OSUP) and be required to comply with the conditions listed in the OSUP
• You may have other conditions to comply with set by the Field Office Director or designee
• You may be required to post an OSUP bond (minimum bond amount: $1,500.00)
Why could ICE revoke my stay of deportation or removal after it is approved?
• Arrest by any law enforcement officer
• Conviction of any crime(s)
• A violation of the OSUP
• A violation of the terms of an OSUP bond
• For any reason(s) at the discretion of the Field Office Director or designee
What can happen if I submit false information?
All statements made in response to questions in the application are declared to be true and correct under penalty of perjury, pursuant to 18 U.S.C. §1546. The knowing placement of false information on the application may subject you, or the preparer of the application, to criminal penalties under 18 U.S.C. §1546—and may subject you and the preparer to civil and criminal penalties pursuant to the Immigration and Nationality Act (INA) section 274C—located in the United States Code at 8 U.S.C. §1324c.
In Texas, individuals who have been ordered deported or removed from the United States can apply for a stay of deportation or removal under 8 C.F.R. 241.6 using ICE Form I-246. This application must be submitted in person to the local Enforcement and Removal Operations (ERO) Field Office, with jurisdiction depending on whether the individual is detained or not. Required documentation includes identity documents such as a valid passport or proof of passport application, and additional evidence supporting the stay request, such as medical documentation or a personal summary. The non-refundable fee for processing is $155.00, payable to the Department of Homeland Security or Immigration and Customs Enforcement. Applications can be rejected for various reasons, including incorrect fees, failure to sign, or submission errors. Approval of the application results in an Order of Supervision with specific conditions, and the stay can be revoked for reasons such as new arrests or violations of the terms. Submitting false information on the application can lead to criminal penalties under 18 U.S.C. §1546 and civil and criminal penalties under INA section 274C (8 U.S.C. §1324c). The decision on the application is at the discretion of the Secretary of Homeland Security or their designee, and there is no option to appeal the decision.
