Definition & Meaning of Form I-246
Form I-246, also known as the Application for a Stay of Deportation or Removal, is a crucial document used by U.S. Immigration and Customs Enforcement (ICE). This form allows individuals who have received a formal deportation or removal order to request a temporary pause in their deportation process. The pause is not guaranteed and is granted at ICE's discretion, based on the applicant's circumstances and the reasons provided in the application.
The primary purpose of Form I-246 is to seek discretionary relief from deportation. Applicants must present compelling reasons for their request, which may include humanitarian concerns, ongoing legal issues, or significant medical needs. By submitting this form, individuals aim to delay their removal from the United States while they address these concerns.
How to Use Form I-246
Using Form I-246 involves a structured process that requires attention to detail. Applicants must first ensure they meet the eligibility criteria, which includes having a formal deportation order. Once eligibility is confirmed, the next step is to gather supporting documentation that justifies the request for a stay. This documentation may include medical records, legal filings, or personal statements detailing the reasons for the stay.
After gathering the necessary documents, applicants can fill out the form. It is essential to provide accurate and complete information, as any discrepancies may lead to delays or denials. Once the form is completed, it should be submitted to the appropriate ICE office, typically the Enforcement and Removal Operations (ERO) office that has jurisdiction over the applicant's location.
How to Obtain Form I-246
Form I-246 can be obtained directly from the ICE website or through legal assistance organizations that support individuals facing deportation. The form is available in a PDF format, which can be downloaded, printed, and filled out. It is important for applicants to ensure they are using the most current version of the form, as outdated forms may not be accepted.
In addition to the form itself, applicants may benefit from resources that provide guidance on completing the form and understanding the application process. Legal aid organizations often offer workshops or one-on-one assistance to help individuals navigate the complexities of immigration forms.
Steps to Complete Form I-246
Completing Form I-246 involves several key steps that applicants should follow to ensure a successful submission:
- Download the Form: Obtain the latest version of Form I-246 from the ICE website.
- Gather Supporting Documents: Collect all necessary documentation that supports your request for a stay, such as medical records or legal documents.
- Fill Out the Form: Carefully complete each section of the form, ensuring all information is accurate and truthful.
- Review the Application: Double-check the completed form and supporting documents for any errors or omissions.
- Submit the Application: Send the form and documents to the appropriate ICE ERO office, following their submission guidelines.
Eligibility Criteria for Form I-246
To file Form I-246, applicants must meet specific eligibility criteria. Primarily, the individual must have received a formal order of deportation or removal from the U.S. government. Additionally, applicants should demonstrate a compelling reason for requesting a stay, such as:
- Humanitarian Needs: Situations involving severe medical conditions or family emergencies.
- Legal Proceedings: Ongoing legal matters that may affect the individual's immigration status.
- Community Ties: Evidence of strong community ties, such as employment or family connections in the U.S.
Meeting these criteria does not guarantee approval, as the decision rests with ICE based on the details provided in the application.
Key Elements of Form I-246
Form I-246 consists of several key elements that applicants must address. These include:
- Personal Information: Basic details about the applicant, including name, address, and immigration status.
- Details of Deportation Order: Information regarding the deportation or removal order, including the date it was issued.
- Reasons for Requesting a Stay: A detailed explanation of why the applicant believes their deportation should be paused.
- Supporting Evidence: A list of documents submitted to support the application.
Each section must be completed thoroughly to provide ICE with a clear understanding of the applicant's situation.
Important Terms Related to Form I-246
Understanding key terms related to Form I-246 can help applicants navigate the process more effectively. Some important terms include:
- Stay of Removal: A temporary halt to the deportation process, allowing individuals to remain in the U.S. for a specified time.
- Order of Supervision: Conditions set by ICE that individuals must follow if their stay is granted.
- Discretionary Relief: Relief that ICE may grant based on the merits of the application, without a legal obligation to do so.
Familiarity with these terms can assist applicants in understanding their rights and responsibilities during the process.
Examples of Using Form I-246
Form I-246 can be utilized in various scenarios. Here are a few examples:
- Medical Emergencies: An individual diagnosed with a severe illness may file Form I-246 to postpone their deportation while seeking treatment.
- Family Situations: A parent facing deportation may request a stay to care for a U.S. citizen child who requires special assistance.
- Ongoing Legal Matters: An individual appealing their deportation order may file for a stay to remain in the U.S. while their case is being reviewed.
These examples illustrate the diverse circumstances under which individuals may seek a stay of removal through Form I-246.
