1. What is voluntary departure as an alternative to deportation?

Voluntary departure is an alternative to deportation that allows certain non-citizens to leave the United States on their own accord instead of being removed by the government. This option is available to individuals who are in removal proceedings or have received a final order of removal from an immigration judge or the Board of Immigration Appeals. In order to be granted voluntary departure, the individual must request it from the immigration court and meet certain eligibility requirements, including having a valid passport and being able to fund their own travel expenses.

If granted, the individual will have a set amount of time (usually 60 days) to leave the country voluntarily. Unlike deportation, voluntary departure may allow for easier re-entry into the United States in the future. However, failure to depart within the given timeframe can result in severe penalties and make it more difficult for the individual to obtain legal status in the future. Additionally, individuals who are granted voluntary departure may still be subject to other immigration consequences, such as bars on re-entering the US for a certain amount of time.

It should be noted that voluntary departure is not available for everyone and it is ultimately up to the discretion of the immigration judge whether or not to grant it. It is recommended that individuals facing deportation or removal proceedings consult with an experienced immigration attorney to discuss their options and determine if voluntary departure may be a viable alternative for them.

2. Who is eligible for voluntary departure as an alternative to deportation?

The eligibility for voluntary departure as an alternative to deportation varies depending on the individual’s immigration status and circumstances. Generally, a person may be eligible if they are in the process of removal proceedings or have a final order of deportation, and they have not been convicted of certain serious crimes or immigration violations. Additionally, the person must demonstrate that they have the means to depart the United States at their own expense and that they intend to comply with the terms of voluntary departure.

Some individuals who may be eligible for voluntary departure include:

1. Non-citizens with a green card or lawful permanent resident (LPR) status who have been in the United States for at least 5 years and have not committed any aggravated felonies.

2. Non-citizens seeking asylum who do not meet the one-year filing deadline.

3. Non-citizens with temporary protected status (TPS) who have been placed in removal proceedings.

4. Non-citizens with valid visa applications pending, but who are currently out of status.

5. Undocumented immigrants who can prove that they have been continuously present in the United States for at least 10 years prior to being placed in removal proceedings and can demonstrate good moral character during that time period.

It is important to note that even if someone meets these general requirements, there may be additional factors that could affect their eligibility for voluntary departure, such as previous interactions with law enforcement or criminal history. It is best to consult with an experienced immigration attorney to determine if you qualify for voluntary departure as an alternative to deportation.

3. How long is the period of voluntary departure granted as an alternative to deportation?

The period of voluntary departure granted as an alternative to deportation is typically between 60-120 days. However, in certain cases, it may be extended up to a maximum of 240 days. The exact length of time will depend on the specific circumstances and individual case.

4. How does a person apply for voluntary departure as an alternative to deportation?

A person can apply for voluntary departure as an alternative to deportation by filing a Form EOIR-42B with the immigration court. This form must be filed before the scheduled date of the individual’s removal hearing and must include a statement explaining why they are requesting voluntary departure.

Additionally, the individual must meet certain eligibility requirements, such as being physically present in the United States for at least one year prior to their application, having good moral character, and not being convicted of certain crimes. They may also need to provide evidence of financial resources to cover the cost of their departure.

After filing the Form EOIR-42B, the individual will have a hearing before an immigration judge who will decide whether or not to grant voluntary departure. If granted, the individual will be given a specific period of time (usually 60 days) to depart from the United States on their own accord. If they fail to depart within this timeframe, they may face penalties and lose eligibility for certain immigration benefits in the future.

5. What are the consequences of failing to depart voluntarily under an order of voluntary departure?

If you fail to depart voluntarily under an order of voluntary departure, the consequences can vary depending on your specific situation and any further actions taken by immigration authorities. However, some possible consequences include:

1. Ineligibility for future immigration benefits. If you fail to comply with the terms of voluntary departure, you may become ineligible for certain immigration benefits, such as reentry to the United States or applying for a green card.

2. Bar from reentering the United States. If you do not leave within the specified time period given on your voluntary departure order, you may be barred from legally reentering the United States for a certain amount of time. This could prevent you from visiting family, attending school, or working in the US in the future.

3. Possible arrest and detention. Failing to leave as agreed upon in your voluntary departure order can also result in an immediate arrest and detention by Immigration and Customs Enforcement (ICE). This may result in a longer stay in detention or potential deportation proceedings.

4. Pursuit of removal proceedings. If you do not leave as ordered, ICE may pursue formal removal (deportation) proceedings against you instead of allowing you to depart voluntarily.

It is important to carefully consider all options before requesting voluntary departure and ensure that you are able to fulfill the requirements within the allotted timeframe provided by immigration authorities.

6. How can a person receive waivers for voluntary departure?

A person can receive waivers for voluntary departure by requesting them from the U.S. Immigration and Customs Enforcement (ICE) or an immigration judge during proceedings. The most common waivers for voluntary departure are for financial hardship and exceptional circumstances.

To request a waiver for financial hardship, the person must demonstrate that their prompt departure would result in extreme hardship to their qualifying family member(s) who is a U.S. citizen or lawful permanent resident.

To request a waiver for exceptional circumstances, the person must show that they are eligible for one of the following special factors: serious illness, death of a relative, age and health considerations, imminent persecution or torture if returned to home country, service in the U.S. Armed Forces, advanced age with continuous physical presence in the U.S., or presence since before January 1, 1972.

The decision to grant a waiver for voluntary departure is at the discretion of ICE or the immigration judge and will be based on the individual circumstances of each case. It is recommended to consult with an experienced immigration attorney for assistance with obtaining waivers for voluntary departure.

7. Can a person delay voluntary departure?

Yes, a person can request to delay their voluntary departure by up to 60 days. However, this request must be made before the original voluntary departure date and may be granted at the discretion of the Department of Homeland Security. It is not guaranteed that a request for delay will be granted.

8. Does the government provide assistance with travel expenses for voluntary departure?

It depends. In some cases, the government may provide financial assistance with travel expenses for voluntary departure through the Assisted Voluntary Return and Reintegration (AVRR) program. This program is offered by the International Organization for Migration (IOM) and helps eligible individuals with the costs of returning to their home country voluntarily. However, eligibility for this program varies depending on each individual’s circumstances and their country of origin. It is best to check with local immigration authorities for more information on available assistance programs.

9. Are there any benefits to voluntarily departing under an order of voluntary departure?

Yes, there are several potential benefits to voluntarily departing under an order of voluntary departure:

1. Avoiding a deportation or removal order: By voluntarily leaving the country under an order of voluntary departure, you will not have a deportation or removal order on your record.

2. Potential eligibility for future immigration benefits: In some cases, having a voluntary departure on your record may make it easier for you to obtain certain types of immigration relief in the future, such as seeking a green card or applying for a visa.

3. Avoiding certain bars to re-entry: If you depart voluntarily and comply with all the conditions of your voluntary departure order, you may be able to avoid certain bars to re-entering the United States that would apply if you were removed or deported.

4. Possible assistance with travel expenses: Depending on your financial situation and eligibility, you may be able to receive assistance with some or all of your travel expenses from the government or charitable organizations.

5. Potentially avoiding detention time: If you are currently in detention awaiting removal proceedings, accepting voluntary departure may allow you to leave detention sooner than if you were fighting against a deportation or removal order.

6. Maintaining more control over arrangements and timing of departure: With voluntary departure, you have more control over how and when you leave the United States compared to being removed involuntarily by immigration officials.

Please note that these benefits may vary depending on individual circumstances and it is important to consult an immigration attorney for personalized advice.

10. What are the legal effects of a voluntary departure order?

The legal effects of voluntary departure vary depending on the circumstances and underlying reasons for the order. Generally, a voluntary departure order allows an individual to leave the country without being subject to certain penalties or consequences that may accompany a deportation or removal order.

Some potential effects of a voluntary departure order may include:

1. Allowance to depart U.S. on own terms: A voluntary departure order allows an individual to leave the U.S. on their own terms and timeframe, rather than being forcibly deported.

2. Avoiding certain bars and penalties: In many cases, individuals who are ordered removed or deported from the U.S. can face various restrictions and bars before being allowed to return. These may include bans on re-entering the U.S., ineligibility for visas or green cards, and other consequences. A voluntary departure order can help avoid these penalties.

3. Potential eligibility for future immigration benefits: Unlike with a deportation or removal order, individuals who receive a voluntary departure order may still be eligible for certain immigration benefits in the future, such as visas or green cards.

4. Timeframe limitations: Generally, individuals granted voluntary departure will have a set timeframe within which they must depart the U.S., typically between 60-120 days.

5. Inability to return: If an individual fails to depart within the designated timeframe, they may be ineligible to return to the U.S. for up to 10 years.

6. Reinstatement of previous orders: Voluntary departure orders can also result in reinstatement of any previous removal orders that were previously canceled due to complying with conditions of deferred action (such as staying out of trouble with immigration authorities).

7. Eligibility for certain forms of relief: Individuals who accept voluntary departure may waive their right to challenge their deportation in court, but they may still qualify for other forms of relief such as asylum or cancellation of removal based on other factors.

It is important for individuals to fully understand the potential consequences and legal effects of voluntary departure before accepting it as an option. Consulting with an experienced immigration attorney can help individuals navigate this process and make informed decisions about their future.

11. Does filing for voluntary departure affect future immigration benefits?

Filing for voluntary departure can have a negative impact on future immigration benefits in certain circumstances. If a person’s voluntary departure is granted, they will have a final order of removal in their immigration record. This could make it more difficult for them to obtain future immigration benefits, such as permanent residence or entry into the US.

Additionally, if the person does not depart within the specified time frame or violates any conditions set by the court, they may be subject to further penalties and restrictions on their ability to obtain future immigration benefits.

It is important to consult with an experienced immigration attorney before filing for voluntary departure to fully understand the potential consequences and how it may affect your future immigration goals.

12. Are there any restrictions on returning to the U.S. after voluntarily departing?

Persons who voluntarily depart the U.S. by signing a voluntary departure agreement may generally face restrictions on returning to the U.S. for a certain period of time depending on their individual circumstances. These restrictions may vary and should be discussed with an immigration attorney or the Department of Homeland Security before leaving the U.S. Some individuals may be subject to a re-entry bar of up to ten years, while others may face no restrictions at all. It is important to follow all conditions set forth in the voluntary departure agreement in order to maintain eligibility for future visas or admission into the U.S.

13. How does a person appeal a denial of voluntary departure?

After receiving a denial of voluntary departure, a person can file an appeal through the Board of Immigration Appeals (BIA). The appeal must be filed within 30 days of the denial and must include supporting evidence and legal arguments for why the decision should be overturned. It is recommended that a person seek guidance from an experienced immigration attorney to assist with the appeal process.

14. What happens if a person fails to comply with the terms of his/her voluntary departure order?

If a person fails to comply with the terms of his/her voluntary departure order, they may be ineligible for future immigration benefits and could potentially face deportation or removal from the country. Additionally, the time period in which they were allowed to voluntarily depart may no longer apply, and the person could be subject to a more severe consequence such as detention or fines.

15. Will a person be barred from returning to the U.S. if he/she fails to comply with his/her voluntary departure order?

Yes, if a person fails to depart as ordered, an automatic order of removal will be issued against them and they will be barred from legally returning to the U.S. for a designated period of time (usually 5-10 years).

16. Are there any exceptions to removal proceedings when voluntary departure is granted?

Yes, there are some exceptions to removal proceedings when voluntary departure is granted, including:

1. Individuals who have been granted Temporary Protected Status (TPS)
2. Individuals who qualify for asylum or refugee status
3. Individuals with pending applications for certain types of visas, such as U-visas for victims of crime or T-visas for victims of human trafficking
4. Individuals who have a pending adjustment of status application that has been approved by the USCIS
5. Individuals with pending appeals of their removal order at the Board of Immigration Appeals (BIA)
6. Individuals with a tax obligation to the Internal Revenue Service (IRS)
7. Individuals with a criminal history that qualifies them for relief under the Immigration and Nationality Act (INA)

It is important to note that even if an individual falls into one of these categories, it does not necessarily guarantee that they will be exempt from removal proceedings when granted voluntary departure. Other factors, such as the individual’s immigration status and overall eligibility for voluntary departure, may also be considered by immigration authorities.

17. Can an individual who has been granted voluntary departure obtain a work permit while in the process of departing from the U.S.?

No, an individual who has been granted voluntary departure is not eligible to obtain a work permit while in the process of departing from the U.S. This is because they are expected to leave the country and are not allowed to work or remain in the U.S. during this time. However, they may be able to apply for employment authorization upon their return to their home country.

18. Is there a time limit for filing a motion for voluntary departure from the U.S.?

Yes, the time limit for filing a motion for voluntary departure from the U.S. is within the initial hearing before an immigration judge or within 120 days of receiving a Notice to Appear (NTA) from Immigration and Customs Enforcement (ICE).

19. What is the difference between voluntary departure and deportation?

Voluntary departure and deportation are two forms of immigration relief that allow an individual to leave the United States.

Voluntary departure is a form of relief granted by the government that allows an individual to leave the United States on their own and at their own expense. It is typically requested by individuals who are facing removal proceedings and do not want a deportation on their record. If granted, individuals have a set period of time in which they must depart the country voluntarily.

Deportation, also known as removal, is a process where an individual is removed from the United States by the government for violating immigration laws. This can happen through either administrative or judicial proceedings. Deportation results in a formal removal order and may have consequences for future attempts to enter the United States. Unlike voluntary departure, deportation is initiated by the government and may not allow individuals to leave on their own terms or timeline.

20. Is there any financial assistance available for those who are seeking voluntary departure as an alternative to deportation?

Yes, there may be financial assistance available for those who are seeking voluntary departure. This assistance can come in the form of fee waivers or reduced fees, or in some cases, grants to cover the costs associated with leaving the country. It is important to consult with an immigration attorney or non-profit organization for information on available options and eligibility requirements.