Application for Stay of Deportation or Removal – Form I-246

1. What is the Application for Stay of Deportation or Removal (Form I-246)?

An alien may seek to request a stay of removal or deportation by filing Form I-246, Stay of Removal, after they have been ordered to be deported or removed from the country.

2. How do I Apply for a  Stay of Deportation or Removal?

You or your Miami immigration attorney will need to submit Form I-246 in person to the closest Enforcement and Removal Operations (ERO) office. Along with the form, you will need to include a valid passport, either a copy of your birth certificate or identity documents, along with all police reports, court dispositions and dispositions for all arrests.

If you application is approved, you will be issued an Order of Supervision (OSUP); under the discretion of the Field Office Director, you may even be given employment authorization.

3. Am I Eligible for a Stay of Removal?

That depends on certain factors. Typically,  ERO office will look for the following:

a.  The length of time living in the United States;

b. Whether you have a U.S. Citizen or Legal Permanent Resident spouse, parent, or child

c. Whether you are the primary caretaker for a disabled or sick person or a child;

d. Your ties to your native country;

e. Whether you or a family member suffers from a mental or physical illness;

f. Whether you or your spouse is pregnant or nursing.

The more positive attributes that you have to bolster your application, the stronger your chances will be.

For more information on filing a Stay of Deportation or Removal (Form I-246), please contact Miami immigration attorney Michael G. Murray, Esq. at (305)895-2500 or visit our website at www.