Understanding the I-246 Filing Fee: Relief from Deportation Options

What is the I-246 Filing Fee?

The I-246 filing fee is a required payment for individuals seeking to request a stay of deportation or removal from the United States. This form and fee are important steps in the process for those who are facing deportation and wish to legally remain in the country while their case is being reviewed.

Eligibility for I-246 Filing

Before you decide to file for an I-246 stay of deportation, you need to determine if you meet specific eligibility criteria. Generally, individuals who are already in removal proceedings or have received a final order of deportation can apply. However, there are various nuanced conditions that can affect eligibility, and consulting an immigration lawyer is highly recommended.

Eligibility Requirements

• Must have an existing deportation or removal order.
• Should provide evidence of substantial hardship if removed.
• Evidence of good moral character.
• Proof of family ties and community involvement in the U.S.

How to Apply for Relief from Deportation

Applying for relief involves several steps, including filling out the necessary forms, gathering required documents, and paying the associated fees. Here’s a step-by-step guide to help you through the process:

Step-by-Step Guide

Here’s how to navigate through the application:

1. Determine eligibility by consulting with legal advisors.
2. Gather all required documents and evidence supporting your application.
3. Fill out the I-246 form accurately and completely.
4. Pay the filing fee using accepted payment methods.
5. Submit your application to the designated USCIS office.

Required Documents

Documentation plays a crucial role in the success of your application. Ensuring you have all necessary papers can make a significant difference. Here are the documents typically required:

• Valid proof of identity (e.g., passport, national ID).
• Evidence of substantial hardship (e.g., financial records, medical documents).
• Proof of good moral character (e.g., letters of recommendation, volunteer work).
• Family and community ties (e.g., birth certificates of U.S.-born children, affidavits from community leaders).

Filling out the I-246 Form

The I-246 form needs to be filled out meticulously. Any mistakes can result in delays or rejections. Here are some key areas to pay special attention to:

Important Sections of the I-246 Form

The form is divided into several parts, and understanding each section is critical:

• Part 1: Information About You – Personal details need to be accurate.
• Part 2: Information About Your Residence and Employment – Current address and job information.
• Part 3: Information About Your Family – Details about immediate family in the U.S.
• Part 4: Basis for Request – Explain why you are requesting a stay of removal.

Filing Fee Payment Options

Paying the appropriate filing fee is an essential part of the application. Various options are available for fee payment:

• Money order: Payable to the U.S. Department of Homeland Security.
• Cashier’s check: From a reputable financial institution.
• Credit card: Accepted through Form G-1450, Authorization for Credit Card Transactions.

Common Mistakes to Avoid

Mistakes on your I-246 form or during the application process can be costly. Here are some common pitfalls to look out for:

• Incomplete forms: Ensure every section of the form is filled out.
• Incorrect fee payment: Double-check the current fee amount and payment methods accepted.
• Lack of supporting documents: Make sure to attach all required documents.
• Not keeping copies: Always keep a copy of your application and supporting documents for your records.

Working with an Immigration Lawyer

Immigration law can be complex and confusing. Working with an experienced immigration lawyer can provide several benefits:

• Expert advice on eligibility and application process.
• Assistance in gathering and preparing documents.
• Help in avoiding common mistakes and delays.
• Representation in case of legal proceedings.

Conclusion

Understanding the I-246 filing fee and the process for applying for relief from deportation is crucial for anyone facing removal from the United States. By following the steps outlined in this article and consulting with knowledgeable legal professionals, you can improve your chances of staying in the country and building a safe and secure life for yourself and your family.

If you have specific questions or need personalized assistance, don’t hesitate to contact us. We’re here to help you navigate these challenging legal waters.

FAQs

1. What happens if my I-246 application is denied?

If your I-246 application is denied, you may have to appear in front of an immigration judge. Seeking legal counsel immediately is highly recommended.

2. Can I apply for a work permit with an I-246 stay?

Filing an I-246 stay does not automatically grant you a work permit. You may need to apply for employment authorization separately.

3. How long does the I-246 process take?

The processing time for an I-246 application varies, but it can take several weeks to several months. Check the USCIS processing times for the most current information.

4. Is the filing fee refundable?

No, the filing fee for the I-246 application is non-refundable, regardless of the outcome of your application.

5. Can I file an I-246 application online?

No, as of now, the I-246 form cannot be filed online. It must be submitted in paper form to the appropriate USCIS office.

6. What should I do if I can’t afford the filing fee?

If you are unable to pay the filing fee, you may be eligible for a fee waiver. You will need to provide evidence of your financial situation.

7. Can family members be included in my I-246 application?

No, each family member in removal proceedings needs to file their own individual I-246 application.

8. What if I move after filing my I-246 application?

It is crucial to inform the USCIS of any changes to your address to ensure you receive all correspondence related to your case.

9. Will I have to appear in court?

You might be required to appear in immigration court depending on the specifics of your deportation case. Legal representation is strongly advised in such scenarios.

10. How can I check the status of my I-246 application?

You can check the status of your application through the USCIS website by entering your receipt number.

For more detailed information, you can visit the Wikipedia page on this topic or access resources from the U.S. Citizenship and Immigration Services.