This page is general information, not legal advice. Discuss the removal order and any planned visit to ICE with your immigration representative.
Quick summary: ICE’s Form I-246 instructions list a processing fee of $155.00 and require a separate application for each person seeking a stay. Filing does not itself prevent removal; the decision is discretionary, and an approved stay can be revoked.
This guide follows the same ICE form instructions for Guatemalan applicants as for other applicants. It covers the stay request. For the separate departure procedure, see voluntary departure.
Check who may apply and which office handles it
The instructions say anyone ordered deported or removed from the United States may apply under 8 C.F.R. 241.6. Each person needs a separate application and supporting documentation.
ICE directs applicants to submit the application in person to an Enforcement and Removal Operations Field Office. If detained, use the office with jurisdiction over your custody. If not detained, use the office closest to your residence. If in-person delivery is a problem, the instructions say to contact that local office to ask whether mail or another delivery service is permitted.
The Washington address printed for comments about the form’s paperwork burden is not an application address. The form explicitly says not to mail a completed application there.
Choose the applicable identity-document route
ICE says documents submitted will be retained by ERO pending final disposition of the case. Its identity-document choices are alternatives, not a requirement to send all three categories.
| Route in the instructions | Required documents | Condition to check |
|---|---|---|
| A: original passport | Original passport | Valid for 6 months beyond the stay period requested |
| B: passport copy | Passport copy plus a copy of a birth certificate or other identity documents | Passport valid for 6 months beyond the period requested |
| C: no qualifying valid passport | Proof of applying for a passport or similar travel document, application copy, proof of fee payment and copies of submitted documents; receipt correspondence if received | Applies if the country of citizenship requires a passport for entry and the applicant lacks the required passport validity |
The third route is conditional. It is not a statement about Guatemala’s entry requirements. For the separate document task, see getting a Guatemalan passport from the United States.
Document the reason for the stay
ICE asks for a summary explaining why you request a stay and additional documentation supporting that reason. Its evidence checklist distinguishes these situations:
| Basis or history | Evidence specified by ICE |
|---|---|
| Medical basis | Doctor’s documentation of the condition, treatment, prognosis and assistance needed |
| Arrests | Police reports and dispositions of all arrests |
| Convictions | Judgment, conviction and sentencing documents for all convictions |
| Overall request | Reasons for the stay and supporting documentation or evidence |
The instructions list $155.00, included with the application, with no refund regardless of the action taken. They list U.S. Cash, Money Order, or Cashier’s Check, payable to Department of Homeland Security or Immigration and Customs Enforcement. These are the payment instructions in the captured ICE Form I-246 (10/24); confirm the current form before submitting payment.
Understand what happens after filing
ICE says applicants may be fingerprinted if 14 years or older and may be photographed. Criminal history is reviewed and information is entered into DHS databases.
If approved, the instructions say the applicant receives an Order of Supervision and must comply with its conditions. The Field Office Director or designee may impose other conditions. A supervision bond may be required; the instructions list a minimum of $1,500.00. That possible bond is separate from the application fee.
The form warns that a pending application does not prevent execution of a final order. It also says the Field Office Director may revoke approval at their discretion and execute the order without advance notice. Do not treat delivery of the application as approval.
For help assessing the order and request, use the guide to finding accredited immigration help.
Sources
- ICE Form I-246, application and instructions, edition 10/24; read 31 October 2026.
Frequently Asked Questions
Does filing I-246 stop removal?
No. ICE’s form warns that a pending application does not prevent execution of a final deportation or removal order.
Where do I file Form I-246?
The instructions direct detained applicants to the ERO Field Office with jurisdiction over their custody and other applicants to the office closest to their residence. Submit it in person. If you have a problem delivering it in person, the instructions say to contact your local ERO Field Office to see whether general mail or another delivery service would be permitted.
Can one application cover my family?
No. ICE instructs each family member or other person seeking a stay to submit a separate application with required documentation.
Can I appeal an ICE stay denial?
The I-246 instructions say the decision is discretionary and that you may not appeal the Secretary’s or designee’s decision.
