In the intricate landscape of immigration law, the Form I-246, or the “Application for Stay of Removal or Deportation,” stands as a crucial shield against immediate deportation for individuals with pending U Visa applications facing imminent removal. In this comprehensive guide, we delve into the significance of the Form I-246, its application process, and essential steps to fortify your client’s defense against deportation.

Understanding the Urgency: Why the Form I-246 Matters for Stay of Deportation or Removal

For immigrants with pending U Visa applications, the threat of deportation looms large, especially if they have a history that includes prior removal orders, expedited removal encounters at the border, or unresolved voluntary departure agreements. These individuals are at risk of swift removal without a hearing, making the Form I-246 a vital lifeline in their legal arsenal.

Steps to Strengthen Your Client’s Defense for Stay of Deportation or Removal

1. Client Meeting: Proactive Preparation for Potential Detention

In anticipation of potential detainment, it’s imperative to conduct thorough client meetings to assess the risk of removal without a hearing. During these sessions, discuss the implications of the Form I-246 with your client, elucidating the risks involved and outlining the necessary steps to mitigate them. Ensure clarity on updating essential information such as addresses, phone numbers, and any changes in the client’s circumstances.

2. Preparing the I-246: Navigating the Application Process

Access the Form I-246 online through the official ICE website, familiarizing yourself with the form’s structure and requirements. Complete a skeletal version of the form, ensuring accuracy and completeness, and obtain the client’s signature. Additionally, compile supplemental evidence such as U Visa receipts, passport copies, birth certificates with translations, and relevant legal documents to support the application.

3. Preparing ICE G-28: Facilitating Communication with ICE

Obtain a signed Form G-28 to authorize communication with ICE regarding your client’s case. This form acts as a conduit for dialogue with ICE, enabling swift action in the event of detainment. Align the completion process with that of the U Visa application, marking ICE as the relevant office and designating the client as the respondent.

The Power of Proactivity: Safeguarding Your Client’s Rights for Stay of Deportation or Removal

In the volatile landscape of immigration enforcement, proactive measures can make all the difference in protecting your client’s rights and ensuring due process. By preemptively preparing the Form I-246 and establishing communication channels with ICE, you equip yourself with the tools necessary to navigate complex legal challenges and safeguard your client’s interests effectively.

Conclusion: Empowering Advocacy through Preparedness

In the realm of immigration representation, proactive advocacy is paramount. By prioritizing the preparation of Form I-246 and establishing effective communication channels with ICE, you not only strengthen your client’s defense against deportation but also uphold the principles of justice and due process. Empower your practice with the knowledge and tools to navigate the complexities of immigration law and champion the rights of those in need.

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