1. What is the difference between voluntary departure and removal proceedings?

Voluntary departure is when an alien leaves the country of their own accord, often before or after an immigration hearing. The individual must agree to leave the country on their own before a certain date and submit proof of departure to the immigration court. This can be beneficial to the immigrant, as it allows them to avoid a formal removal order.

Removal proceedings are the legal process that the government may initiate when it wants to remove an individual from the United States. In these proceedings, an immigration judge will conduct a hearing to determine whether or not the individual should remain in the country. If the judge rules in favor of removal, then the individual must be removed from the country.

2. What is the purpose of voluntary departure proceedings?

Voluntary departure proceedings are initiated by the Immigration Judge (IJ) to allow an individual to voluntarily leave the United States. This process allows an individual to avoid being issued a formal removal order as a result of their immigration proceedings. If granted voluntary departure, the individual has up to 120 days to depart the United States or they may be subject to a formal removal order, which would be issued by the IJ.

3. Are individuals allowed to request voluntary departure in immigration court?

Yes, individuals are allowed to request voluntary departure in immigration court. Voluntary departure is a form of relief from removal that allows an individual to leave the U.S. voluntarily and avoid the formal process of removal. The individual must meet certain requirements, and the request must be approved by an immigration judge.

4. What are the consequences of voluntary departure?

The consequences of voluntary departure vary depending on the individual’s country of origin and the laws of that country. Generally, individuals who leave their country voluntarily without authorization may face serious consequences, such as fines, deportation, or even prosecution. Additionally, individuals may be barred from re-entering the country for a certain number of years.

5. What are the conditions that must be met for an individual to be eligible for voluntary departure?

In order to be eligible for voluntary departure, an individual must meet certain requirements. The individual must have had a period of “lawful status” in the United States, must have entered the country voluntarily, must not have committed certain criminal or immigration-related offenses, and must not be subject to any specific inadmissibility grounds under immigration law. Additionally, the individual must have previously paid any relevant fines related to their immigration status and must have the financial means necessary to depart the United States. The candidate for voluntary departure must also demonstrate that they will not become a public charge in their country of origin and must be willing to agree to leave the United States within a designated timeframe. Finally, they must agree to waive certain rights and privileges associated with entering the country lawfully.

6. How long does it take for a voluntary departure request to be processed?

The processing time for a voluntary departure request depends on the individual’s case and the specifics of their situation. Generally, the timeline can range from several days to several months.

7. How does one apply for voluntary departure?

To apply for voluntary departure, an individual must file a motion with the court. The motion must include the reasons why the person wants to leave voluntarily and must be signed by both the individual and their attorney. The individual must also provide proof of funds to cover all costs associated with leaving the United States, such as transportation, accommodation, and other living expenses. The motion must be filed with the court before any deadline set by the court or by immigration authorities.

8. What are the possible outcomes of a voluntary departure request?

The possible outcomes of a voluntary departure request are:

1. The individual could be granted a voluntary departure, meaning they are allowed to leave the country on their own terms and at their own expense.

2. The individual could be denied a voluntary departure, meaning they are still subject to removal proceedings and a removal order.

3. The individual could be granted a stay of deportation, meaning the individual is allowed to remain in the United States until their case is resolved.

4. The individual could be granted deferred action, which means that the individual’s removal proceedings are suspended for a period of time and they can remain in the United States during that period.

9. Are there any restrictions on who can apply for voluntary departure?

Yes, there are certain restrictions on who can apply for voluntary departure. Generally, those who are in removal proceedings and have either already been issued a final order of removal or have already been issued an Immigration Judge’s decision that is not pending appeal may be eligible to apply for voluntary departure. Additionally, the applicant must agree to depart the United States within the given time period and must demonstrate that they are able to pay all costs associated with their departure.

10. What is the time limit for when an individual must leave the country after being granted voluntary departure?

Under voluntary departure, an individual must leave the country within a period of time set by the immigration judge, typically within 120 days.

11. Is there a fee associated with filing a request for voluntary departure?

Yes. There is a fee associated with filing a request for voluntary departure. The filing fee is currently $410, and must be paid at the time of filing the request. Additionally, there are other potential costs associated with voluntary departure, such as travel expenses and any applicable costs associated with obtaining necessary documents.

12. Does an individual have the right to appeal a decision denying their request for voluntary departure?

Yes, an individual has the right to appeal a decision denying their request for voluntary departure. They can file an appeal with the Board of Immigration Appeals (BIA).

13. What happens if an individual does not leave the country within the allotted time frame after being granted voluntary departure?

If an individual does not leave the country within the allotted time frame after being granted voluntary departure, they can be subject to removal proceedings and potentially deported. They may also be barred from reentering the U.S. for a certain amount of time.

14. Can individuals with criminal convictions be eligible for voluntary departure?

Yes, individuals with criminal convictions may be eligible for voluntary departure, depending on the specific facts of their case. The U.S. Department of Homeland Security considers certain factors when evaluating a person’s eligibility for voluntary departure, including the nature and severity of the conviction as well as the amount of time since its occurrence.

15. Is a bond required when requesting voluntary departure?

No, a bond is not required when requesting voluntary departure. However, the individual must be able to prove that they have the funds to pay for their own travel expenses and any related costs.

16. Are legal counsel or an attorney necessary when filing a request for voluntary departure?

No, legal counsel or an attorney is not necessary when filing a request for voluntary departure. However, it is strongly recommended that individuals consult with an experienced immigration attorney before filing the request to ensure all the necessary requirements are met.

17. Is there an administrative review procedure for appealing the denial of a request for voluntary departure?

Yes, an applicant who is denied voluntary departure may appeal the decision to the Board of Immigration Appeals (BIA). The appeal must be filed within 30 days of the date of the denial.

18. Can individuals be referred to removal proceedings after being granted voluntary departure?

Yes, individuals can be referred to removal proceedings after being granted voluntary departure. This is because voluntary departure is a form of relief from removal and does not necessarily prevent an individual from being referred to removal proceedings or from being charged with inadmissibility or deportability.

19. What happens if an individual violates the conditions of a grant of voluntary departure?

If an individual violates the conditions of their grant of voluntary departure, they may be subject to removal proceedings and potentially be subject to removal from the United States. They may also be barred from re-entering the United States for a period of time, or even permanently.

20. Are there any special considerations given to individuals who are granted voluntary departure due to extreme hardship or illness?

Yes, there may be special considerations given to individuals who are granted voluntary departure based on extreme hardship or illness. These special considerations could include humanitarian parole, deferred action, and/or a stay of deportation. Additionally, the individual may be eligible for certain types of assistance such as healthcare, housing, and social services.