Guidance for Form I-246 Application for Stay
This document provides guidance on filling out Form I-246 for a stay of deportation or removal. It includes instructions for clients with pending U Visa applications and highlights important considerations. Stay informed to protect your rights during immigration proceedings.
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How do I fill this out?
To successfully fill out Form I-246, begin by gathering necessary documents. Ensure the form is completed accurately and address any specific client concerns. Review the form with the client before submission to ensure all information is correct.

How to fill out the Guidance for Form I-246 Application for Stay?
1
Gather necessary client documentation.
2
Complete the Form I-246 accurately.
3
Review the form with your client.
4
Obtain necessary signatures.
5
Submit the form to ICE.
Who needs the Guidance for Form I-246 Application for Stay?
1
Individuals with pending U Visa applications who may face deportation.
2
Clients with prior removal orders needing to stay proceedings.
3
Persons who have experienced expedited removal at the border.
4
Clients who agreed to voluntary departure but did not comply.
5
Individuals seeking to protect their immigration status during cases.
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What are the instructions for submitting this form?
To submit Form I-246, send it to ICE either by mail or online. For mail, use the address specified on the form, typically the local ICE office. If sending via email, ensure all documents are attached, and include a cover letter detailing the case. Keep a record of submission and any communication. It’s advisable to consult an immigration attorney for best practices during submission.
What are the important dates for this form in 2024 and 2025?
Key deadlines vary per individual case; consult with an attorney for personalized guidance. Monitor deadlines for submitting Form I-246 based on your client's situation. Ensure timely filing to prevent expedited removal procedures.

What is the purpose of this form?
The purpose of Form I-246 is to request an official stay of deportation or removal proceedings for individuals in the U.S. This form serves as a protective measure for clients with pending U Visa applications. Properly submitting this form can delay deportation and facilitate legal representation during immigration processes.

Tell me about this form and its components and fields line-by-line.

- 1. For Internal Use Only: Section left blank for ICE internal processing.
- 2. File Number: The client's A Number must be entered here.
- 3. Date: Leave this blank initially; fill when submitting.
- 4. Address: Leave blank initially; update with the current address later.
- 5. Passport: Proof of a valid passport is required.
What happens if I fail to submit this form?
Failing to submit Form I-246 can lead to immediate deportation without a hearing. It is crucial to file this application to protect your immigration status. Understanding the implications of failing to file this form supports better legal outcomes.
- Immediate Deportation Risk: Failure to submit increases the chance of deportation without due process.
- Loss of Legal Representation: Not filing may sever the opportunity for legal counsel.
- Potential for Permanent Bar: Failure could result in long-term impacts on future immigration status.
How do I know when to use this form?

- 1. Risk of Immediate Removal: When a client faces imminent deportation.
- 2. Expired Visa Status: If a client's visa has expired.
- 3. Attending a Removal Hearing: For those who need to delay proceedings pending their case review.
Frequently Asked Questions
What is Form I-246?
Form I-246 is an application for a stay of deportation or removal.
Who should fill out Form I-246?
Individuals with pending U Visa applications or prior removal orders.
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