Key Takeaways

• The I‑246 filing fee serves as a vital component for individuals aiming to request a stay of deportation. This fee not only reflects the seriousness of the application but also signals the applicant’s dedication to their case. It is important to note that this fee is generally non-refundable, emphasizing the necessity of submitting a complete and accurate application. Applicants should meticulously review all accompanying documentation, as any errors or omissions can lead to delays or denials.
• Submitting strong evidence of hardship is essential for bolstering the chances of approval. This evidence can include a variety of documents, such as:
  • Medical records that detail ongoing health issues
  • Financial statements illustrating economic instability
  • Personal testimonials from family and friends that highlight the potential impact of deportation

  Additionally, demonstrating good moral character is crucial. Examples of good moral character may encompass consistent community service, a stable employment history, and positive endorsements from respected community leaders. These elements collectively paint a picture of the applicant as a contributing member of society.

• Engaging with a knowledgeable immigration lawyer is highly advisable, as they possess the expertise to navigate the intricate landscape of immigration law. An experienced attorney can help identify potential pitfalls, ensure that all necessary documentation is accurately prepared, and provide strategic advice tailored to the individual case. This proactive approach not only mitigates the risk of costly mistakes but also helps avoid lengthy delays that can arise from incomplete or improperly submitted applications.

I‑246 Filing Fee: What Is It?

The I‑246 filing fee represents a crucial financial obligation that individuals must fulfill when seeking a stay of deportation or removal from the United States. This fee is not merely a bureaucratic hurdle; it acts as a filter to ensure that only those with genuine and serious claims pursue this form of relief. The amount of the fee can fluctuate, so it is essential to check the most current fee schedule on the U.S. Citizenship and Immigration Services (USCIS) website before submitting your application.

When applying for a stay, applicants are required to submit not only the filing fee but also compelling evidence that substantiates their request. This may include, but is not limited to:

• Proof of hardship: Documentation that illustrates the potential negative impact of deportation on the applicant’s life or family.
• Strong family ties: Evidence of relationships with U.S. citizens or lawful permanent residents, such as marriage certificates or birth certificates of children.
• Community involvement: Letters of support from community members or organizations that can attest to the applicant’s character and contributions.

Neglecting to pay the correct fee or failing to provide the necessary supporting documents can lead to significant delays or outright denials of the application. To navigate this complex process effectively, it is highly advisable to work closely with an experienced immigration attorney. Their expertise can help ensure compliance with all requirements and significantly enhance the chances of achieving 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 have a formal deportation or removal order issued against them. This order serves as the basis for seeking relief and must be documented in the applicant’s immigration file.
• Substantial Hardship – It is crucial to provide compelling evidence that demonstrates how removal would result in significant hardship, not only for the applicant but also for their family members. This can include financial instability, emotional distress, or health-related issues that would arise from separation.
• Good Moral Character – Applicants must exhibit 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.
• Family & Community Ties – Demonstrating robust ties to the U.S. is essential for a successful application. This can be illustrated through having U.S.-citizen children, long-term residency, or involvement in local organizations. Such connections can 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 – It is crucial to consult with an experienced immigration attorney who can provide tailored advice based on your unique circumstances. They can help you navigate the complex landscape of immigration law and identify which specific relief options, such as Cancellation of Removal or Adjustment of Status, may be applicable to your case.
2. Gather Documents – Assemble a comprehensive set 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). This documentation is vital in demonstrating your eligibility for relief.
3. Complete Form I‑246 – Carefully fill out Form I-246, ensuring that all sections are completed accurately and truthfully. Mistakes or omissions can lead to delays or outright rejection of your application. Consider reviewing the form with your attorney to ensure compliance with all requirements.
4. Pay the Fee – Ensure that you submit the correct filing fee as specified by USCIS. Payment can typically be made via check, money order, or credit card, depending on the method accepted for your specific application. Double-check the fee amount, as it may change, and keep a record of your payment for future reference.
5. Submit Package – Once your application is complete, mail your application package to the designated USCIS office. It is advisable to use a trackable mailing service to confirm delivery and maintain a copy of your application for your records. This step is essential to ensure that your application is received and processed in a timely manner.

Required Documents

• Government‑issued ID: This includes essential forms of identification such as a passport or national ID. These documents not only verify your identity but also confirm your citizenship or residency status, which is crucial in many legal processes.
• Proof of substantial hardship: To demonstrate your need for assistance, you may need to provide financial statements, medical records, or other documentation that illustrates your current situation. This could include bank statements showing low balances, bills that are overdue, or medical expenses that have created a financial burden.
• Evidence of good moral character: Letters of recommendation from employers, community leaders, or mentors can serve as powerful endorsements of your character. Additionally, records of volunteer work or community service can highlight your commitment to contributing positively to society.
• 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.
• 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.

Evidence Needed for Hardship & Good Moral Character

Filling Out the I‑246 Form

Key Sections

• Part 1: Your Information – It is crucial to double-check your name, date of birth (DOB), and contact details to avoid any discrepancies that could delay the processing of your application. Ensure that your name matches exactly as it appears on your official documents, and consider including any aliases or maiden names if applicable.
• Part 2: Residence & Employment – In this section, make sure to provide your current addresses and job history accurately. This includes not only your physical address but also any previous residences within the last five years. Additionally, detail your employment history, including job titles, employer names, and the duration of your employment, as this information can substantiate your stability and ties to the community.
• Part 3: Family Details – When listing immediate family members living in the U.S., 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 be a significant factor in your request for relief.
• Part 4: Basis for Request – Clearly articulate the reasons for your request, focusing on the specific hardships you face. Provide thorough documentation to support your claims, such as medical records, financial statements, or letters from community organizations. The more compelling your case, the better your chances of a favorable outcome.

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.
• 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. Additionally, retaining a receipt from the bank can be beneficial for your records.
• 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.

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 can lead to delays or outright rejection of your application. Always double-check that every field is completed, and consider using a checklist to ensure nothing is overlooked.
• 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.
• Omitting supporting documents: Supporting documents are essential for substantiating your application. Missing even one critical document can lead to delays or denials. Create a comprehensive list of required documents and gather them well in advance. This may include identification, proof of residency, or any other pertinent information that supports your case.
• 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.
• Missing deadlines or ignoring USCIS notices: Timeliness is critical in immigration processes. Missing a deadline can jeopardize your application. Make a calendar of important dates and set reminders for yourself. Additionally, always respond promptly to any notices from USCIS, as failure to do so can lead to serious consequences.

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