Key Takeaways

• The I‑246 filing fee is a crucial element for individuals seeking to request a stay of deportation. This fee not only underscores the seriousness of the application but also reflects the applicant’s commitment to their case. It is imperative to understand that this fee is typically non-refundable, which highlights the importance of submitting a comprehensive and precise application. Applicants should thoroughly review all supporting documentation, as any inaccuracies or omissions can result in significant delays or outright denials of their requests.
• Providing strong evidence of hardship is vital for enhancing the likelihood of approval. This evidence can encompass a diverse array of documents, including:
  • Medical records that outline ongoing health issues, such as chronic illnesses or disabilities that would be exacerbated by deportation
  • Financial statements that demonstrate economic instability, including proof of income loss or increased living expenses
  • Personal testimonials from family and friends that articulate the emotional and social consequences of deportation, emphasizing the applicant’s role within their community

  Furthermore, showcasing good moral character is essential. Indicators of good moral character may include a history of community service, a stable employment record, and positive references from respected figures in the community. These factors collectively illustrate the applicant as a valuable and contributing member of society, reinforcing their case for a stay.

• Consulting with a knowledgeable immigration lawyer is highly recommended, as they bring the expertise necessary to navigate the complex terrain of immigration law. An experienced attorney can pinpoint potential pitfalls, ensure that all required documentation is meticulously prepared, and offer strategic guidance tailored to the specifics of the individual case. This proactive strategy not only reduces the risk of costly errors but also helps prevent lengthy delays that can stem from incomplete or incorrectly submitted applications.

I‑246 Filing Fee: What Is It?

The I‑246 filing fee is an essential financial requirement for individuals seeking a stay of deportation or removal from the United States. This fee serves not only as a procedural necessity but also as a mechanism to filter applicants, ensuring that only those with legitimate and serious claims pursue this form of relief. The fee amount can vary, so it is crucial to consult the most up-to-date fee schedule available on the U.S. Citizenship and Immigration Services (USCIS) website prior to submitting your application.

In addition to the filing fee, applicants must provide compelling evidence to support their request for a stay. This evidence can include, but is not limited to:

• Proof of hardship: This may encompass documentation such as medical records, financial statements, or personal affidavits that clearly demonstrate the adverse effects of deportation on the applicant’s life or their family’s well-being.
• Strong family ties: Applicants should present evidence of their relationships with U.S. citizens or lawful permanent residents, which can include marriage certificates, birth certificates of children, or even letters from family members affirming their connections.
• Community involvement: Letters of support from community members, local leaders, or organizations can significantly bolster an application. These letters should attest to the applicant’s character, contributions to the community, and the potential loss the community would face if the applicant were deported.

Failing to pay the correct fee or neglecting to include the necessary supporting documents can result in considerable delays or even outright denials of the application. To effectively navigate this intricate process, it is highly advisable to collaborate closely with an experienced immigration attorney. Their expertise can help ensure compliance with all requirements and significantly improve the likelihood of a favorable outcome in your case. For more information on related immigration processes, visit our comprehensive guide.

Eligibility for I‑246 Filing

Eligibility Requirements

• Existing Removal Order – To qualify for the I-246 filing, the applicant must possess a formal deportation or removal order issued against them. This order is not merely a formality; it serves as the foundational document for seeking relief from removal. It is essential that this order is meticulously documented in the applicant’s immigration file, as it will be scrutinized during the application process.
• Substantial Hardship – Providing compelling evidence of substantial hardship is critical. This hardship must not only pertain to the applicant but also extend to their family members. Examples of substantial hardship can include:
  • Financial instability, such as loss of income or inability to support dependents.
  • Emotional distress, which may manifest as anxiety or depression due to the impending separation.
  • Health-related issues, particularly if the applicant or their family members have medical conditions that require ongoing care and support.

  Demonstrating these factors can significantly strengthen the case for relief.

• Good Moral Character – Applicants must demonstrate a strong moral character, which can be substantiated through various means. This includes active participation in community service, maintaining a clean criminal record, and obtaining positive references from community leaders or employers who can vouch for the applicant’s character. Evidence of good moral character may also include letters of support from family members and friends, showcasing the applicant’s contributions to society.
• Family & Community Ties – Establishing robust ties to the U.S. is essential for a successful application. This can be illustrated through various factors, such as:
  • Having U.S.-citizen children who depend on the applicant for emotional and financial support.
  • Long-term residency, which can be evidenced by lease agreements, utility bills, or other documentation.
  • Active involvement in local organizations, which can demonstrate a commitment to the community.

  Such connections significantly bolster the case for why the applicant should be allowed to remain in the country.

It is important to note that other factors, including any previous immigration violations or criminal history, may influence eligibility for the I-246 filing. Therefore, it is highly advisable to consult with a qualified immigration attorney who can provide tailored advice based on individual circumstances and help navigate the complexities of the application process. For more information on immigration options, visit our comprehensive guide.

How to Apply for Relief from Deportation

1. Confirm Eligibility – Consulting with a knowledgeable immigration attorney is essential, as they can provide personalized guidance tailored to your specific situation. An attorney will help you navigate the intricate web of immigration law, identifying potential relief options such as Cancellation of Removal or Adjustment of Status. They can also assess factors like your immigration history, family ties in the U.S., and any prior legal issues that may affect your eligibility.
2. Gather Documents – Compile a thorough collection of documents that may include your identification (such as a passport or driver’s license), proof of hardship (like medical records or financial statements), and evidence of moral character (such as letters of recommendation or community service records). Additionally, consider including any documentation that supports your claims, such as tax returns or employment records. This comprehensive documentation is crucial in establishing your eligibility for relief and can significantly strengthen your case.
3. Complete Form I‑246 – Take great care when filling out Form I-246, ensuring that every section is completed accurately and truthfully. Errors or omissions can result in significant delays or even the rejection of your application. It is highly advisable to review the form with your attorney, who can help ensure that you meet all requirements and provide insights into any nuances that may apply to your situation.
4. Pay the Fee – Make sure to submit the correct filing fee as outlined by USCIS. Payment methods typically include check, money order, or credit card, depending on what is accepted for your specific application. Be vigilant about verifying the fee amount, as it can change, and retain a record of your payment for future reference. This step is crucial, as failure to pay the correct fee can lead to processing delays or rejection.
5. Submit Package – After completing your application, mail your application package to the appropriate USCIS office. It is wise to utilize a trackable mailing service to confirm delivery and keep a copy of your application for your records. This step is vital to ensure that your application is received and processed promptly, as delays can have serious implications for your case.

Required Documents

• Government‑issued ID: Essential forms of identification, such as a passport or national ID, are critical in verifying your identity. These documents not only confirm your identity but also establish your citizenship or residency status, which is vital in various legal processes. For example, a passport can be used for international travel and serves as a universally accepted form of ID, while a national ID may be required for local legal matters.
• Proof of substantial hardship: To effectively demonstrate your need for assistance, you may need to provide comprehensive financial statements, medical records, or other documentation that clearly illustrates your current situation. This could include bank statements showing low balances, overdue bills, or detailed medical expenses that have created a significant financial burden. Additionally, letters from social workers or financial advisors can further substantiate your claims of hardship.
• Evidence of good moral character: Letters of recommendation from employers, community leaders, or mentors can serve as powerful endorsements of your character. Furthermore, records of volunteer work or community service can highlight your commitment to positively contributing to society. For instance, a letter from a local charity where you volunteered can showcase your dedication to helping others, reinforcing your moral standing.
• Family & community ties: Documents such as birth certificates or affidavits from community leaders can help establish your connections to family and the local community. These ties are often considered in legal proceedings to assess your stability and support network. For example, a birth certificate can prove familial relationships, while community leader affidavits can attest to your active participation in local events and initiatives.
• Additional supporting documents: This may include tax returns, employment letters, or any other relevant paperwork that can substantiate your claims or provide further context to your situation. For instance, recent tax returns can demonstrate your financial history, while employment letters can confirm your job status and income. Furthermore, pay stubs or proof of consistent employment can strengthen your case by illustrating your financial reliability.

Evidence Needed for Hardship & Good Moral Character

Filling Out the I‑246 Form

Key Sections

• Part 1: Your Information – It is essential to meticulously verify your name, date of birth (DOB), and contact details to prevent any discrepancies that could significantly delay the processing of your application. Ensure that your name matches exactly as it appears on your official documents, including any middle names or initials. If you have used any aliases or maiden names in the past, it is prudent to include them as well, as this can help avoid confusion and streamline the verification process.
• Part 2: Residence & Employment – In this section, provide a comprehensive account of your current and previous addresses, as well as your job history. This should encompass not only your current physical address but also any residences you have occupied within the last five years. Furthermore, detail your employment history thoroughly, including job titles, employer names, and the duration of your employment. This information is crucial as it can substantiate your stability and demonstrate your ties to the community, which are often considered favorably in immigration matters.
• Part 3: Family Details – When listing immediate family members residing in the U.S., be sure to include their full names, relationships to you, and their immigration status. This information is vital as it helps establish your family ties and support network, which can significantly influence your request for relief. Additionally, if any family members are U.S. citizens or lawful permanent residents, highlighting this can further strengthen your application.
• Part 4: Basis for Request – Clearly articulate the reasons for your request, focusing on the specific hardships you face. It is important to provide thorough documentation to support your claims, such as medical records, financial statements, or letters from community organizations. The more compelling and well-documented your case, the better your chances of a favorable outcome. Consider including personal statements that detail your circumstances and the impact of potential outcomes on your life and family.

Filing Fee Payment Options

• Money Order: Submitting a money order made out to the “U.S. Department of Homeland Security” is a widely accepted method for paying your filing fee. This option is particularly favored due to its inherent security and traceability features, which help ensure that your payment is processed smoothly and without complications. When using a money order, it’s advisable to keep a copy for your records, as this can serve as proof of payment should any issues arise. Additionally, consider purchasing your money order from a recognized institution to further enhance its legitimacy.
• Cashier’s Check: Opting for a cashier’s check from a reputable bank is another dependable choice for your filing fee payment. This type of check is backed by the bank, providing a guarantee that the funds are available, which adds a significant layer of security. To avoid any potential delays in processing, make sure that the check is filled out correctly, including the payee’s name and the correct amount. Furthermore, retaining a receipt from the bank can be beneficial for your records, and it’s wise to confirm with your bank about any specific requirements they may have for issuing a cashier’s check.
• Credit Card: If you prefer the convenience of using a credit card, you can do so by filling out Form G‑1450, Authorization for Credit Card Transactions. This method not only offers ease of payment but also allows you to monitor your expenses effectively. However, it’s important to note that there may be additional processing fees associated with credit card transactions, which can vary depending on the payment processor. Always review these fees beforehand to avoid surprises. Additionally, using a credit card can provide benefits such as rewards points or cash back, making it a financially savvy option for some individuals.

Common Mistakes to Avoid

• Submitting an incomplete form: One of the most frequent errors applicants make is failing to fill out all required sections of the form. This oversight can lead to significant delays or even outright rejection of your application. To avoid this pitfall, always double-check that every field is completed. Consider creating a detailed checklist that outlines each section of the form, ensuring that nothing is overlooked. For instance, if you are applying for a visa, ensure that all personal information, travel history, and purpose of visit are thoroughly detailed.
• Paying the wrong fee amount: Each application type has a specific fee associated with it, which can change over time. It’s crucial to verify the current fee on the official USCIS website before submitting your payment. Additionally, using the wrong payment method can also result in complications, so ensure you follow the guidelines precisely. For example, if the application requires a credit card payment, do not opt for a personal check, as this could lead to unnecessary delays.
• Omitting supporting documents: Supporting documents are essential for substantiating your application. Missing even one critical document can lead to delays or denials. To mitigate this risk, create a comprehensive list of required documents and gather them well in advance. This may include identification, proof of residency, tax returns, or any other pertinent information that supports your case. Organizing these documents in a clear manner can also facilitate a smoother submission process.
• Failing to keep copies of your submission: Always retain copies of everything you submit to USCIS. This includes forms, supporting documents, and payment receipts. Having these records can be invaluable if you need to follow up on your application or if there are any discrepancies in the future. Consider creating a dedicated folder—either physical or digital—where you can store these important documents for easy access.
• Missing deadlines or ignoring USCIS notices: Timeliness is critical in immigration processes. Missing a deadline can jeopardize your application. To stay organized, make a calendar of important dates and set reminders for yourself. This can include application submission deadlines, biometric appointment dates, and response deadlines for any requests for evidence. Additionally, always respond promptly to any notices from USCIS, as failure to do so can lead to serious consequences, including the potential denial of your application.

Working with an Immigration Lawyer

Conclusion

Successfully navigating the I‑246 filing fee and the associated application process can indeed be a daunting task for many individuals. However, with meticulous preparation and the right professional guidance, you can significantly enhance your likelihood of achieving a favorable outcome. Here are several key strategies to consider:

• Stay Informed: Regularly check for updates on immigration policies and procedures that may affect your application. Changes can occur frequently, and being aware of them can help you adapt your strategy accordingly. Subscribing to newsletters from reputable immigration organizations or following relevant government websites can ensure you receive timely information.
• Gather Comprehensive Evidence: Compile all necessary documentation that supports your application. This may include personal statements, financial records, and any relevant legal documents. The more thorough your evidence, the stronger your case will be. Consider organizing your documents into categories, such as identification, financial stability, and personal circumstances, to present a clear and compelling narrative.
• Seek Expert Legal Support: Engaging with an experienced immigration attorney can provide invaluable insights and assistance. They can help you navigate complex legal language, prepare your application meticulously, and represent you in any hearings. Look for attorneys who specialize in immigration law and have a proven track record with I-246 cases, as their expertise can make a significant difference in your application’s success.

By following these steps and remaining proactive, you can better position yourself for success in the I-246 application process. Remember, the journey may be complex, but with the right tools and support, you can navigate it effectively. For more information on related topics, feel free to explore our resources here.

Frequently Asked Questions