Submitting the I-246 Form to the Immigration and Customs Enforcement (ICE) to request a stay of deportation does not automatically halt the removal process or exempt the individual from complying with any existing notice to appear. This is established by the federal regulation 8 CFR 241.6, updated as of October 28, 2026.
This practical guide serves as a complement to the ruling by the Board of Immigration Appeals in the Matter of Pierre-Louis case, published this Friday, which mentioned the I-246 as an available option for individuals with a final order, but cautioned that it does not guarantee that deportation will be halted.
The notice that ICE includes on the form leaves no room for interpretation: "A pending application does not prevent the execution of a final deportation or removal order. The Field Office Director may, at their discretion, revoke the approval and carry out the order at the date and time of their choosing. No prior notice is required."
Who can present it?
Only persons with a legally final deportation or removal order can request it, once all available administrative remedies have been exhausted.
The decision is solely the responsibility of the Director of the ICE Field Office or their designated representative and is not subject to appeal.
The regulation specifies that "neither the application nor the lack of notification regarding its resolution will delay the removal nor exempt the foreign national from the strict compliance with any existing deportation order."
How and where to present it
The official ICE I-246 form (edition 10/24) must be submitted in person to the Enforcement and Removal Operations (ERO) office that has jurisdiction over the location of the individual: if detained, to the office controlling their custody; if not, to the one closest to their residence.
Mailing is only possible if the ERO office expressly authorizes it.
Tariff and reasons for rejection
The current fee is $155, non-refundable regardless of the decision, payable in cash, money order, or cashier's check made out to "Department of Homeland Security" or "Immigration and Customs Enforcement". The DHS may waive the payment at its discretion through a sworn financial situation declaration.
There is a proposal to raise that fee to $755, published in May 2026, but it is not an official regulation.
ICE may reject the application without consideration if the fee is incorrect, if it is submitted to the wrong ERO office, if the signature is missing, if it is not delivered in person, or if the individual is listed as an ICE fugitive. It may also be denied due to criminal history, incomplete information, or at the discretion of the officer.
What happens if it is approved?
If ICE approves the I-246, it issues a Supervision Order with conditions that the applicant must comply with and may require a minimum bond of $1,500. The approval can be for one or six months, three months, or another period determined by the officer, and it can be revoked at any time without prior notice.
Three concepts that should not be confused
The I-246 is a temporary administrative suspension: it only delays physical expulsion without canceling the order or opening any case.
It is different from the motion to reopen the case before the immigration court or the BIA, which seeks to reactivate the proceedings with new facts or evidence. Both avenues are independent of a stay, which requires an explicit order from a federal court.
The denial of the I-246 by ICE does not prevent an immigration judge or the BIA from granting a stay as part of a previously filed motion to reopen, as provided by 8 CFR 241.6(b).
Given the complexity of these processes and their implications, it is advisable to consult with an authorized immigration attorney before submitting any application.
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