To file an emergency Stay of Removal in the USA, you typically submit Form I-246 directly to your local ICE ERO field office. The official federal filing fee for this application is currently $155, and you must provide strong humanitarian reasons, such as medical emergencies or pending appeals, to temporarily pause physical deportation.
Facing the immediate threat of physical deportation is an incredibly overwhelming experience for any family. If a final order of removal has been issued against you, filing an emergency Stay of Removal may be your last opportunity to temporarily halt the process. It is often highly recommended to hire an experienced immigration attorney from our professional catalog to guide you through this critical and time-sensitive legal hurdle.
Unlike a civil lawsuit where a plaintiff and defendant might negotiate a financial settlement to resolve legal liability, immigration enforcement is strictly executed by federal agencies. 🚨 An approved Stay of Removal does not cancel your deportation permanently, but it temporarily pauses Immigration and Customs Enforcement (ICE) from removing you, giving you time to fight your case or make necessary arrangements.
Step-by-Step Process in the USA
The procedure for pausing a deportation is governed by federal law, meaning the steps are generally the same whether you report to an ICE Enforcement and Removal Operations (ERO) office in Atlanta, Phoenix, or Miami. Since there is no traditional statute of limitations on executing a removal order, ICE can attempt to remove you at any time once an order becomes final.
Step 1: Gathering Humanitarian and Legal Evidence
A stay is typically granted only for urgent humanitarian reasons or if you have a pending legal motion. You will need to collect substantial evidence, such as severe medical records, proof of child custody involving U.S. citizen children, or documentation of ongoing legal appeals. 📁 Showing good moral character is also crucial, which can be supported by providing recent IRS tax transcripts, an active DMV state ID, and proof that you are current on any alimony/spousal support obligations.
Step 2: Completing Form I-246
The central document you must prepare is Form I-246, Application for a Stay of Deportation or Removal. This federal form requires detailed information about your immigration history, your criminal record (if any), and your specific reasons for requesting the stay. Any steady employment history, especially showing a clean record without EEOC workplace violations, can help establish your positive contributions to the community.
Step 3: Purchasing the Filing Fee
ICE ERO offices generally do not accept cash or personal checks. You must obtain a cashier’s check, certified check, or money order for the exact fee amount, made payable to the “Department of Homeland Security.” 💵 Ensure the payment is perfectly filled out, as any mistake will lead to an immediate rejection of your emergency application.
Step 4: Submitting the Application to ICE ERO
Form I-246 is usually submitted in person at your local ICE ERO field office. In many cases, the person facing removal must appear in person, which carries a risk of immediate detention if the stay is denied. Because of this severe risk, most applicants choose to have their retained legal counsel accompany them to the ERO office to present the emergency request directly to a supervisory deportation officer.
How Much Does it Cost in the USA?
Filing an emergency stay involves both federal government fees and private legal costs. Because this process is highly complex and time-sensitive, securing proper representation is often the largest expense. 💰
- Form I-246 Filing Fee: $155 (payable via money order or cashier’s check).
- Attorney Fees: $2,500 to $6,000+, depending on the urgency of the case and whether your lawyer needs to travel to the ERO office immediately.
- Passport-Style Photos: Approximately $15 to $20 (you generally need to submit photographs with your application).
- Document Translation: $50 to $200 for certified translations of foreign medical or birth records.
| Expense Category | Estimated Cost | Required Entity |
|---|---|---|
| Government Fee (Form I-246) | $155 | Department of Homeland Security |
| Emergency Legal Counsel | $2,500 – $6,000 | Private Law Firm |
| Supporting Evidence Prep | $100 – $300 | Translators / Notaries |
How Long Does the Process Take?
The timeline for an emergency Stay of Removal is extremely fast compared to standard immigration court proceedings. Because it is an emergency request, ICE ERO officers often make a decision within a few days, and sometimes even within a few hours if physical deportation is scheduled for the very next day. ⏳
If the stay is approved, ICE typically grants the pause for a specific duration, ranging from 3 months to 1 year. During this time, you may be placed on an Order of Supervision (OSUP), which requires you to check in regularly with ICE, either in person or through a mobile application, while you work on resolving your underlying legal status.
Frequently Asked Questions (FAQ)
Can I file Form I-246 online?
No. Currently, Form I-246 cannot be filed electronically. It must be submitted as a physical paper application, usually in person at the local ICE Enforcement and Removal Operations (ERO) field office.
Will filing a Stay of Removal automatically stop my deportation?
No, the mere act of filing the application does not guarantee ICE will stop the removal. The stay must be officially reviewed and approved by an ICE Field Office Director to temporarily halt the deportation process.
Can I get a work permit if my Stay of Removal is approved?
Generally, yes. If you are granted a Stay of Removal and placed on an Order of Supervision, you may become eligible to apply for an Employment Authorization Document (EAD) using Form I-765 under the (c)(18) category.
Is the $155 filing fee ever waived?
ICE generally requires the $155 fee for Form I-246. While fee waivers exist for certain USCIS forms, it is incredibly difficult to obtain a fee waiver for an emergency stay through ICE ERO.
What happens if my Form I-246 is denied?
If the field office director denies your request for a stay, ICE can proceed with executing your final order of removal immediately. There is no direct administrative appeal for a denied I-246, which is why having an attorney is critical.
Do I need a valid passport to file for a stay?
You are generally required to submit your valid, unexpired foreign passport with Form I-246. If you do not have one, you must provide a detailed explanation of why it is unavailable and what steps you are taking to obtain one.
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