Stay of deportation

A stay of deportation is an immigration procedure that allows you to temporarily stop a removal from the United States. It does not cancel the order or grant a new immigration status, but it does pause the departure while the case is reviewed.

This procedure is very useful because it gives time to resolve other legal processes, file an appeal, or address important humanitarian reasons. Normally, this form of relief is used when:

• There is a final order of removal,
• There is an appeal before the Board of Immigration Appeals (BIA), or the immigrant needs time to file an immigration waiver of inadmissibility,
• A medical problem must be resolved, or 
• It is necessary to care for certain dependent relatives. 

In most cases, the request is filed with Form I-246, known in Spanish as the “solicitud de suspensión de deportación o expulsión” (stay of deportation or removal request). 

This form is filed in person at the local ICE (ERO) office along with the required payment to the Department of Homeland Security (DHS).

Although it does not guarantee that you can remain in the country permanently, it stops the deportation while another form of immigration relief is evaluated. 

In fact, many immigration proceedings are accompanied by a stay of deportation request when the attorney needs time to prevent the removal from being carried out. 

In the following lines, you will learn the meaning, types, and requirements of a stay of deportation, as well as the steps to file it correctly.

Stay of deportation in 2026 compared to other immigration relief options

It is important to understand the differences between a stay of deportation request and other forms of immigration relief. 

The purpose of this request is not to obtain a Green Card, but rather to gain legal time before a possible departure from the country. Below is a clear overview:

• Stay of deportation or removal: A temporary pause that prevents the immediate execution of the deportation order while an appeal or motion is being decided.
• Cancellation of removal: Eliminates the current deportation order and may grant lawful permanent residence if the requirements are met.
• Administrative closure or supervision (OSUP): Leaves the case inactive but does not cancel the existing removal order.
• Adjustment of status or consular processing: Allow you to obtain residence, although many times you first need a stay so that the removal is not carried out while the case is being decided.
• TPS, asylum, VAWA, or a U visa: Provide protection and certain benefits, but do not by themselves stop a deportation that is already scheduled.

In short, the meaning of a stay of deportation is that of a legal or administrative pause that prevents the order from being executed until there is a new decision. 

Understanding these differences is essential to planning an effective immigration strategy.

When a stay of deportation is automatic

In certain cases, a stay of deportation is granted automatically, meaning you do not need to file an additional request. 

This happens when the law prevents the deportation from being carried out while another process is pending. Some common examples include:

• Appeal before the BIA: If the immigrant appeals the immigration judge’s decision, removal is stopped until the BIA issues its decision. During this time, ICE cannot execute the deportation. You can learn more about this process in “Appealing an immigration decision”.
• Motion to reopen an order entered in absentia: When a person could not attend their hearing and asks to reopen the case, the judge stays the deportation while analyzing whether the absence was justified. For more information, review “How to find out if I have a deportation order in the U.S.”.
• Reserving the right to appeal: At the end of a hearing, if the immigrant states that they plan to appeal, they obtain an automatic 30-day stay to file their formal appeal.
• Victims of domestic violence: Those who file a motion to reopen their case as an abused spouse, child, or parent also receive an automatic stay while the judge reviews the request. 

In summary, the automatic stay is triggered by law when there is an appeal, a motion to reopen, or a humanitarian protection in place. 

In these situations, it is not necessary to file Form I-246, because the order is paused until there is a new court decision.

When you must request a discretionary stay of deportation

When the immigrant does not fall under any of the automatic stay categories, they must formally request a discretionary stay of deportation. 

In this scenario, the authority must approve the pause after reviewing the reasons and evidence presented. The main avenues to do this are:

Request before the BIA 

If the case is before the Board and does not qualify for an automatic stay, the attorney may submit: 

• A written motion with the history of the case, 
• The removal order, and 
• The reasons why a stay of deportation is requested. 

This filing is commonly referred to as a “stay of deportation or removal request” and must be supported with strong facts.

Request before the immigration judge

If a motion to reopen is filed for other reasons, the attorney may add an additional request asking the judge to stay the removal while the motion is decided. You can learn more about this procedure in our article titled “File a motion to reopen an immigration case“.

Request before ICE

When the deportation order is already final or ICE plans to execute the removal, the immigrant may file Form I-246, Stay of Deportation or Removal. 

This document is filed at the local Enforcement and Removal Operations (ERO) office. 

This is the most commonly used avenue to avoid imminent deportation and requires payment of the official fee. Those facing an upcoming departure can review our article on stopping removal proceedings.

Emergency stay request

If the deportation is imminent, the attorney may file an emergency stay of deportation request, also known simply as an “emergency stay.” 

In general, it is used when there are: 

• Medical emergencies, 
• Family circumstances, or 
• Serious humanitarian factors that justify immediately stopping the removal. 

In some cases, it is also possible to resort to a judicial remedy such as a writ of habeas corpus when ICE does not respond or exceeds the reasonable period of detention.

Supporting evidence

In all scenarios, the immigrant must provide strong evidence supporting the request, such as: 

• Copies of the deportation order, 
• Medical records, 
• Family or humanitarian evidence, 
• Valid identification, and 
• An explanatory letter. 

The more documentation is provided, the greater the chances of obtaining a favorable decision.

Form I-246 in Spanish: fee, ERO offices, and required documents

Form I-246, Stay of Deportation or Removal, known in Spanish as “Solicitud de suspensión de deportación o expulsión,” is the document filed with Immigration and Customs Enforcement (ICE) to request additional time before a deportation.

This form is usually filed in person at the local ERO office, although in some cases the office allows it to be submitted by mail if the person is not detained.

Current Form I-246 fee

The filing fee for Form I-246 is $155 and is non-refundable. This means that if ICE denies the request, cancels the appointment, or decides not to grant the stay, the amount paid is not returned.

Since late 2025, many ERO offices have been transitioning to electronic payments, following the broader change adopted by USCIS. Therefore, the payment method may vary depending on the local office. The most common methods currently include:

• Electronic payment by credit/debit card or bank debit (ACH), when the office allows it.
• In some jurisdictions, money orders or cashier’s checks made payable to the Department of Homeland Security are still accepted, although this method is being phased out.
• Cash only when the local ERO office expressly authorizes it.

Due to this nationwide transition toward electronic payments, it is recommended to carefully review the specific instructions for the ERO office where the form will be filed.

Documents that should accompany the request

When filing Form I-246, it is generally recommended to include:

• A valid passport for at least six months beyond the requested period.
• Copy of the passport and birth certificate or another official identity document.
• Proof that a new passport has been requested if the person does not yet have a valid one (receipt and copy of the application).
• An explanatory letter detailing the reasons for requesting the stay.
• Evidence of family or humanitarian ties, if applicable (such as proof of U.S. citizen children, spouse, health issues, etc.).

If the person is detained, the request must be filed at the ERO office that has jurisdiction over the detention center. If not detained, they may go to the office closest to their residence. 

If there are doubts about the office location, ICE maintains an updated directory on its website.

For those facing imminent deportation, this form is often the fastest way to request a temporary stay of deportation. 

If you need professional guidance on how to complete it correctly, you can rely on the explanation above about the stay of deportation and coordinate the strategy with an attorney.

Evidence that increases the chances of getting a stay of deportation

The success of a stay of deportation request largely depends on the evidence that is filed along with Form I-246. 

The stronger and more verifiable the documentation, the higher the chances that ICE will approve the stay. Some of the most useful evidence includes:

• Medical evidence: Reports from the treating physician explaining the illness, treatment, prognosis, and the consequences of being deported.
• Family evidence: Birth certificates of minor children, marriage certificate, or documents showing actual economic dependence.
• Work or community evidence: Letters from employers, supervisors, or community leaders supporting the person’s good conduct, stability, and social contribution.
• Updated criminal records: If there are arrests or convictions, certified copies of police reports and court decisions should be included.
• Humanitarian reasons: Reports, statements, or evidence showing a serious risk if the person is returned to their home country.

It can also be helpful to show that there are pending immigration processes, such as applications for asylum in the United States, protection under VAWA, or immigration waivers. This helps demonstrate that the person is trying to resolve their legal situation.

Finally, all documents should be submitted in English or with a certified translation, and it is advisable to keep a complete copy of the request. ICE will review both the evidence and the person’s immigration history before issuing its final decision.

Illustrative example: A father with U.S. citizen children may submit their birth certificates, letters from teachers confirming the children’s dependence, and medical records for a sick child. This type of family and humanitarian evidence often increases the likelihood that ICE will approve the stay.

Common reasons why ICE denies or revokes a stay

Not all stay of deportation requests are approved. ICE reviews each case on a discretionary basis and may deny or revoke a stay for several substantive reasons, beyond simple form errors.

Substantive reasons to deny a stay request

Some of the most common reasons that can lead to an initial denial include:

• Lack of sufficient humanitarian or equity factors: ICE may determine that the medical, family, or social situation does not justify a stay.
• Negative immigration history: Multiple unlawful entries or departures, prior removal orders, or serious status violations weigh heavily against the applicant.
• Serious criminal history: Convictions for violent offenses, drugs, fraud, or other serious crimes significantly reduce the chances of approval.
• Risks to public or national security: Any indication that the person poses a danger may lead to an immediate denial.
• Failure to comply with prior supervision orders or ICE reporting requirements: If the immigrant did not comply with prior conditions, the agency’s trust decreases.
• False or misleading information: Providing false information in an immigration process is a federal violation under 18 U.S.C. § 1546 and may result in civil and criminal penalties and denial of the stay.

In addition, ICE may withdraw an already approved stay if it sees major changes in the person’s conduct or in the circumstances of the case.

• A new arrest or criminal conviction,
• Failure to comply with an Order of Supervision (OSUP),
• Omission of relevant information discovered later, or
• Conduct that is perceived as a threat to public safety.

When this happens, the agency may reactivate the removal order and require the person to report back to ICE. 

What happens if a stay of deportation is approved

When ICE approves a stay of deportation or removal, it grants the immigrant a defined period of time to remain in the United States. 

During that time, the person cannot be deported, but must strictly comply with the conditions imposed. These often include:

• Reporting regularly to the local ICE office.
• Wearing an electronic monitor (ankle bracelet) to verify their location.
• Keeping their address updated and not changing residence without proper notice.
• Complying with an Order of Supervision (OSUP), which sets the rules during the authorized period.

If the circumstances that led to the stay remain in place, the immigrant may request an extension before the initial period expires. To do so, they must show that the original reason (such as an illness, a pending case, or a humanitarian risk) is still present.

On the other hand, if ICE denies the extension or revokes the stay, the person will have to leave the country. If they are not detained, they will receive a notice to report to ICE; if detained, the removal process will move forward.

For this reason, it is crucial for the immigrant to stay in close contact with their attorney and explore immigration options that may offer more permanent solutions.

Practical example: A mother with expired TPS obtains a six-month stay of deportation so she can care for her child with a disability. During that time, her attorney files a new humanitarian waiver and a motion with the court. Thanks to the stay, she is able to remain in the country while her case is resolved.

Common mistakes when completing Form I-246

When filling out Form I-246, many applicants make basic mistakes that lead to unnecessary denials. Because this process is completely discretionary, even small errors may be enough for the request not to move forward.

Some frequent mistakes that should be avoided include:

• Not following the form instructions: ICE is very strict. Every field must be completed as the official instructions indicate.
• Leaving blanks: When something does not apply, “N/A” or “Not applicable” should be written. Leaving a space empty is interpreted as missing information.
• Signing in the wrong place or incorrectly: The signature must be in the exact space indicated and must belong to the applicant or their authorized representative.
• Providing an incorrect address: The local ERO office will send all notices there. A mistake in the address may cause the applicant to miss important appointments or letters.
• Failing to include medical, family, or humanitarian evidence: If the request is based on a specific reason, it must be supported with medical reports, birth certificates, official letters, or other strong proof.
• Ignoring payment instructions: The fee is $155 and must be paid using the methods accepted by the office. Using an unauthorized method will, in practice, result in an automatic rejection.

Avoiding these errors is essential so that the stay of deportation or removal request can be processed without delays. 

If the immigrant does not speak English fluently or does not know the procedure, it is advisable to seek help from an immigration attorney with experience in requests before ICE.

To learn about other critical forms and their requirements, you can read our articles on Requests for Evidence (RFE) and Notices of Intent to Deny (NOID). There, we explain the most common mistakes that should be avoided in immigration processes.

Frequently asked questions about stays of deportation

To clarify questions about a stay of deportation and its impact on your immigration process, below you will find clear and direct answers to the most important questions on this topic:

What does a stay of deportation really mean?

A stay of deportation is a temporary pause that prevents the removal from being carried out. It may be granted by ICE, an immigration judge, or the BIA. 

It does not cancel the deportation order or grant a permanent status. It simply allows the person to remain in the country for a limited period while another immigration process or humanitarian situation is resolved.

How long does ICE take to respond to a stay of deportation request?

It depends on the ERO office and the type of case. In practice, most requests receive a response within 2 to 8 weeks, although urgent cases (primarily for medical or humanitarian reasons) may be resolved faster. There is no fixed deadline.

What happens if ICE denies the request?

If the request is denied, the deportation order remains in effect, so the person should prepare to leave the country or may be taken into custody so that the removal can be carried out.

Even so, an immigration attorney can evaluate motions to reopen, humanitarian applications, or other forms of relief that may still be available.

How long does an approved stay last?

Generally, an approved stay of deportation lasts between 30 and 90 days, although the exact period depends on the ERO office and the reasons presented.

If the reason for the request continues (such as an illness or a pending immigration process), it is possible to request an extension before the initial period expires.

Can I file another stay request if ICE denied the previous one?

Yes, but it is important to present new facts or additional evidence. Filing the same request without changes will usually result in another denial.

The new request must demonstrate a different situation or updated risk.

Does a stay allow me to work in the U.S.?

No. A stay of deportation only temporarily pauses the removal and does not grant an employment authorization document (EAD).

If the person needs to work legally, they must request an Employment Authorization Document through another immigration process that allows it. 

Can a stay be combined with other immigration processes?

Yes. In fact, many people request a stay while they are applying for asylum, VAWA, cancellation of removal, adjustment of status, or immigration waivers, among others. 

The stay simply provides time for those processes to move forward, but it does not replace any permanent form of immigration relief.

Curbelo Law can help you with your stay of deportation request and other immigration relief

Filing a stay of deportation request can make the difference between being removed from the country and gaining time to resolve your immigration case. This process requires precision, strong evidence, and a legal strategy tailored to each situation.

At Curbelo Law, our immigration lawyers in New Jersey have extensive experience with: 

• Requests filed with ICE, 
• Motions to reopen, 
• Appeals, and 
• Other immigration relief options.

If you are facing a deportation order, do not wait until it is too late. Our team can help you properly prepare Form I-246, gather the necessary documentation, and file your request on time to increase the chances of success.

Contact us today to schedule a confidential consultation and learn about your legal options before ICE carries out the removal.