Form I-246 Evidence Packet: What to Bring to an ICE Stay-of-Removal Request

Review the primary official source.

Related case analysis: Nken: Traditional Stay Factors Govern a Request to Pause Removal During Judicial Review.

ICE’s Form I-246 and the administrative-stay rule checked October 31, 2026. Verify the responsible ICE office’s current filing instructions before filing.

If you are asking ICE for more time because of medical treatment, a family need or another urgent concern, the supporting records should explain both why the time matters and how much time you need. Begin with the final removal order, reporting notices and any existing stay; then organize the evidence for the medical, family or other reason you are asking for more time. Filing the packet does not stop removal or excuse a reporting obligation. This guide addresses what to assemble and how to make the supporting evidence understandable.

If your first question is whether an ICE request is the right procedure, read the I-246 guide to administrative stays, pending motions and court orders. A complete evidence packet and an effective stay are different things. Verify the responsible ICE office’s current filing instructions before submitting sensitive records or attending an appointment.

Confirm the order, custody posture, and correct ICE office

Assemble the A-number, immigration-court and BIA orders, petition-for-review or motion history, prior stays, supervision documents, reporting notices, passport and travel-document correspondence, and every ICE receipt. Determine whether any judicial or administrative stay already exists and its exact scope. Do not represent that a pending filing protects against removal unless the governing authority says so.

The Form I-246 instructions direct in-person filing. If detained, file with the ERO office that has jurisdiction over your custody; if not detained, file with the office closest to your residence. If in-person delivery is a problem, contact that office to ask whether it permits mail or another delivery service. Use ICE’s current field-office directory and confirm the office’s arrangements before going. If a person’s location is unknown, ICE’s Online Detainee Locator System can assist with a search using accurate identity information; it is a locator, not a legal-status determination.

Use the current form, fee, and complete disclosures

Download Form I-246 from ICE at the time of filing and read every instruction. The 10/24 edition checked October 31, 2026 lists a $155 nonrefundable fee, with payment by U.S. cash, money order or cashier’s check, made out to “Department of Homeland Security” or “Immigration and Customs Enforcement.” Confirm the current form, fee and accepted payment before filing rather than relying on an old packet. Complete the form’s identity, address, passport, detention and requested-period fields accurately. Use the supporting statement and records to explain the order, reporting history and reason for the requested stay. Explain uncertainty rather than guessing.

Item 3 of the ICE instructions requires identity documentation from one of these categories:

• An original passport valid for six months beyond the period of stay requested.
• A copy of a passport with that validity, together with a copy of a birth certificate or other identity documents.
• If your country of citizenship requires a passport for entry and you lack a passport with the required validity, proof that you applied for a passport or similar travel document. Include the application, proof of the fee paid, copies of the documents submitted and any acknowledgment received.

The instructions list missing identity documents, an incorrect fee, the wrong office and failure to file in person among the grounds for rejecting a packet. Resolve a missing document or delivery problem with counsel and the responsible office before assuming another document or mailing route will suffice.

Answer the form’s arrest questions accurately. Its instructions call for police reports, arrest dispositions, and judgment, conviction and sentencing documents. Discuss probation status and other relevant criminal-history records with counsel rather than assuming each is a separate question on the form. Compare answers to immigration filings and background records. An omission may damage credibility even if the underlying event might not defeat the request. Obtain advice about privileged strategy and sensitive records before submission.

Connect each requested exercise of discretion to evidence

Write a concise declaration that explains the requested stay period, the concrete reason, compliance history, family and community ties, medical or humanitarian facts, pending legal relief, and a feasible supervision plan. Support each material assertion with a labeled exhibit such as identity records, birth or marriage certificates, medical letters, school records, tax and employment records, declarations, proof of pending applications, and evidence of reporting compliance.

Medical evidence should identify the condition, current treatment, functional consequences, continuity needs, and why interruption matters, without exaggeration. ICE’s instructions also call for the doctor’s documentation of your prognosis and any assistance you need. Family hardship evidence should explain dependency and alternatives. A pending motion or petition should include a file-stamped copy and docket information, while acknowledging that filing alone may not create a stay.

File, document receipt, and plan for every outcome

Prepare the form, fee, required identity documents, order records, indexed exhibits and copies for the responsible office’s confirmed filing arrangements. In-person filing is the form’s default; obtain that office’s permission before using mail or another delivery service. Preserve a complete duplicate, payment receipt, delivery proof, appointment record, and any decision or reporting instruction. Continue reporting unless ICE or a court lawfully changes the requirement.

Review the I-246 overview, removal-proceeding guide, A-file request guide, and deportation-defense practice page. These resources address related tasks but do not replace the current ICE instructions.

What this means: practical action checklist

• Verify the final order, current reporting schedule, existing stays, and correct ICE office.
• Download the current I-246 and confirm the fee and payment method.
• Prepare accurate criminal, immigration, passport, and compliance disclosures with supporting records.
• Index evidence to each humanitarian, legal, family, medical, and supervision point.
• Keep reporting and litigation calendars active; filing alone does not guarantee protection.