Removal Defense Part Three- Voluntary Departure

Voluntary Departure is perhaps the form of relief that individuals in removal proceedings least like to discuss for the simple fact that such a relief ultimately leads to that person’s departure from the United States. However, voluntary departure is an important form of relief as it allows an alien to leave the United States under his own volition and not under an order of removal. Therefore, a person who has been granted voluntary departure will not be subject to the 10-year inadmissibility penalty for those ordered removed. This form of relief is not a simple as it may appear, so if you are in removal proceedings make sure you consult with a seasoned Deportation Lawyer in VA.

When Can Voluntary Departure Be Granted?

Voluntary departure can be granted by ICE prior to the initiation of removal proceedings, or it can be granted by the immigration judge at the beginning of immigration proceedings. It is generally easier to be granted voluntary departure prior to the end of immigration proceedings. In such circumstances, the alien must pay for his or her trip home. Furthermore, in order to be granted voluntary departure by an Immigration Judge, the alien must acknowledge removability and make no other applications for relief. Finally, the alien will also waive his or her right to make an appeal. It is also important to note that as voluntary departure is a discretionary form of relief, the applicant must show the favorable discretionary factors outweigh the negative ones. Further, a conviction for an aggravated felony will eliminate the possibility of filing for such a form of relief.

How Long Can An Alien Stay In The US After Being Granted Voluntary Departure?

Both ICE and the Immigration Judge can grant up to 120 days for the alien to leave the United States. If the alien fails to depart in a timely manner, the voluntary departure order will be converted into a removal order.

Voluntary Departure Granted At The End Of Removal Proceedings

Voluntary departure becomes much more difficult at the end of removal proceedings. In order to qualify, the alien must show the following:

That he or she has been physically present in the US for at lease 1 year prior to the beginning of the immigration proceeding;That he or she has had good moral character at a minimum of 5 years before applying for voluntary departure;That he or she is not an aggravated felon; andThat he or she has the means and intent to leave the US

As these requirements are not simple, it is important to consult with a Virginia Immigration Lawyer.