VOLUNTARY DEPARTURE

Voluntary departure is a limited form of relief. Some call it the relief of last resort. It does not provide any permanent status in the U.S. Neither does it allow the individual to remain in the U.S. for an extended period of time.

Benefits of Voluntary Departure

Voluntary departure provides a short period of time (up to 120 days) for a removable individual to get his/her affairs in order before departing the U.S. Although departure is at the individual’s own expense, s/he avoids deportation at the convenience of the government. Accordingly, the major benefits of voluntary departure are:

• The freedom to leave the U.S. under your own power on a day of your choosing (provided that day falls within the allowable time period);

• The beneficiary of voluntary departure keeps his/her record clean of a removal order.

Requirements

To be eligible for voluntary departure, individuals must meet the following requirements:

1. Physical presence in the U.S. for a period of at least one year immediately preceding the date that the alien was placed in removal proceedings;

2. Alien is, and has been, a person of good moral character for at least 5 years immediately preceding the alien’s application for voluntary departure;

3. Alien is not deportable as an Aggravated Felon or Terrorist; and

4. Alien has established by clear and convincing evidence that the alien has the means to depart the U.S. and intends to do so.

Individuals are NOT eligible for voluntary departure if they have been previously permitted to voluntarily depart after having been found inadmissible as an alien present in the U.S. without admission or parole.