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October 19, 2026
GWP IMMIGRATION LAW
A Final Order Is Not Always the Final Word
What Form I-246 is, who can file it, and how to ask ICE to pause a deportation order.
A Form I-246 stay of removal asks ICE to temporarily halt a final order of deportation. It does not cancel the order or grant status, and ICE can deny it without appeal.
Updated October 19, 2026 · GWP Law · Las Vegas, NVTHE CONTEXT
What Is a Form I-246 Stay of Removal?
It is a written request asking ICE to temporarily delay a final deportation order for humanitarian, medical, or legal reasons.
The request is made on ICE Form I-246, Application for a Stay of Deportation or Removal. It is filed with Enforcement and Removal Operations (ERO), not with USCIS or the immigration court.
Federal regulations allow ICE officials to grant a stay “for such time and under such conditions” as they deem appropriate. The same rule says a denial “is not appealable.” 8 CFR § 241.6
Think of it as a pause button, not an exit. The removal order stays on the record, and ICE may carry it out once the stay ends or is revoked.
Who Can File Form I-246
Only a person who already has a final order of deportation or removal can ask ICE for this stay.
- Final order required: the immigration judge’s order became final because no appeal was filed, the appeal was dismissed, or the order was entered in absentia.
- Detained or not: detained applicants file with the ERO office that has custody jurisdiction; everyone else files with the ERO office nearest their home.
- One person, one form: each family member who needs a stay files a separate Form I-246 with separate documents.
- A real reason: serious medical treatment, caring for a U.S. citizen child or sick relative, or a pending petition that could lead to status are typical grounds.
Source: filing instructions on ICE Form I-246 (edition 10/24).
Stay of Removal vs. Other Forms of Relief
A stay only buys time; withholding and cancellation of removal decide the case itself.
Source: 8 CFR § 241.6; 8 U.S.C. §§ 1231(b)(3) and 1229b.
If your case is still open in immigration court, the stronger defenses are usually withholding of removal and CAT protection or cancellation of removal for non-residents. Form I-246 is the tool for after the order is final.
How to Request a Stay From ICE, Step by Step
Source: ICE Form I-246 instructions.
The fee could change soon. In May 2026, DHS proposed raising it from $155 to $755, but as of this update the proposal has not been finalized. Federal Register, 91 FR 24739
The same notice explains that DHS may waive the fee for applicants who submit a sworn declaration showing they cannot pay.
What ICE Weighs Before Deciding
The decision is fully discretionary, so the packet must give the officer concrete reasons to say yes.
Source: evidence categories listed in the Form I-246 instructions.
Filing does not stop removal. The form itself warns that a pending application “does not preclude the execution of a final order of deportation or removal.”
ICE can still detain and deport while it reviews the request.
If ICE approves, you are usually released under an Order of Supervision (Form I-220B) with reporting conditions, and ICE may require a supervision bond of at least $1,500.
A REAL CASE
A Father, a Chemotherapy Schedule, and a Check-In Date
A father of two U.S. citizen children came to me with a final removal order from 2019 and an ICE check-in three weeks away.
His younger son had started chemotherapy, and he was the parent who drove him to every session.
I gathered a letter from the oncologist explaining the treatment schedule and why a parent had to be present. I added the children’s birth certificates, school records, his tax returns, and a valid passport.
We filed Form I-246 at the ERO office before the check-in, and I attended the supervisor interview with him.
ICE granted a one-year stay under an Order of Supervision. The order still exists, so we are now evaluating whether he has a path to reopen his case.
Before You File: Action Checklist
THE PATH FORWARD
Use the Time a Stay Buys
A Form I-246 stay of removal does not solve the underlying case. Its real value is the time it creates to pursue a lasting solution.
That may mean a motion to reopen, a family petition, or a humanitarian visa. If you were already deported, the next step is different, and our guide to Form I-212 permission to reapply explains it.
References
- ICE, Form I-246, Application for a Stay of Deportation or Removal
- 8 CFR § 241.6, Administrative stay of removal
- 8 U.S.C. § 1231 (INA § 241), Detention and removal
- 8 U.S.C. § 1229b (INA § 240A), Cancellation of removal
- ICE, ERO Field Office Locator
- Federal Register, Fee Adjustment for ICE Form I-246 (proposed rule, May 7, 2026)
Facing a final order of removal?
We assess whether a stay, a motion, or another remedy fits your case before ICE acts.
Book a Consultation →This article is for informational purposes only and does not constitute legal advice. Consult a qualified immigration attorney before taking any action. · Last verified: October 8, 2026 · Reviewed by: Kathia Quirós, Immigration Attorney · GWP Immigration Law
