Voluntary departure is available for someone that is, or will be, denied legal immigration status. The main benefits of a voluntary departure include:
- Avoids removal bar
- Allows more time to leave the country (up to 120 days)
- Avoids having an order of removal on your record
The conditions that must be met to qualify for voluntary departure change depending on whether you request it before the beginning of the removal proceedings or after a hearing (a voluntary departure requested directly to the DHS is not covered on this page). The below is not legal advice; you must contact an experienced immigration attorney at JRQ & Associates to discuss the specifics of your case.
Voluntary Departure before the beginning of removal proceedings
You must meet the following criteria:
- You must request it before or at the first hearing.
- You must waive all other forms of relief.
- You must concede that you are removable from the United States.
- You must waive your right of appeal.
- You must not be a security risk or have been convicted of any aggravated felonies.
- You must not have been removed or received voluntary departure before.
Voluntary Departure during and after a removal proceeding hearing
You must meet the following criteria:
- You must have been physically present in the United States for at least 1 year prior to the notice to appear.
- You must show that you had good moral character for the 5 years preceding the application.
- You must waive all other forms of relief.
- You must concede that you are removable from the United States.
- You must waive your right of appeal.
- You must not be a security risk or have been convicted of any aggravated felonies.
- You must show that you have the financial ability to depart along with the actual intent to do so.
- You must show that you have valid travel documentation.
- You may have to pay a bond.
It’s important that you consult an experienced immigration attorney at JRQ & Associates to determine whether you qualify for any forms of legal immigration before you decide to voluntarily leave the country. There are drawbacks to voluntary departure such as a 3 year or 10 year time bar under certain circumstances, so it should only be considered as a last resort. Our immigration attorneys will discuss all of your options during your free immigration consultation, and advise you of your best course of action. Call today to speak with an attorney and schedule an appointment.
