What happens when you get voluntary departure?

Published by Charlie Davidson on

What happens when you get voluntary departure?

Voluntary Departure Order Can Automatically Become Removal Order. If the non-citizen later departs the United States after overstaying the voluntary departure, the departure will be considered a self-removal, meaning that the non-citizen will be considered to have been deported.

Who is not eligible for voluntary departure?

Non-citizens who are ineligible for voluntary departure are: aggravated felons, terrorists, and. aliens who have been granted voluntary departure previously after having been found inadmissible.

Is voluntary departure the same as deportation?

How is Voluntary Departure different from Deportation? Deportation occurs when DHS removes you from the United States to the country of your citizenship, whether you want to be removed or not, whereas voluntary departure occurs when you receive permission to leave on your own.

How do you qualify for voluntary departure?

You must:

  1. have been physically present in the United States for at least one year prior to the service of the Notice to Appear (the document from the DHS charging you with removability from the U.S.; also called an NTA)
  2. have the financial means to post a bond within five days of the judge’s order.

Can I apply for a visa after voluntary departure?

An alien who left the U.S. voluntarily and was not legally removed or deported by the U.S. government can apply to reenter the U.S. without filing Form I-212.

What is the benefit of voluntary departure?

Voluntary departure allows an individual to leave the United Stated by a certain date. The main benefit of voluntary departure is that you are not automatically barred from legally retuning to the United States at some other time.

Can I get a visa after voluntary departure?

When should I request a voluntary departure?

You can ask for voluntary departure before a removal hearing, at the Master Calendar Hearing, or at the end of a removal hearing. Different requirements for eligibility apply in each situation. Before agreeing to voluntary departure, you should be aware that it precludes you from seeking any form of immigration relief.

What is the advantage of voluntary departure?

How do you’re enter US after voluntary departure?

Using Form I-212 to Request Reentry Following Removal An alien who left the U.S. voluntarily and was not legally removed or deported by the U.S. government can apply to reenter the U.S. without filing Form I-212.

Is voluntary departure a final order of removal?

If you were granted voluntary departure at your hearing, but you do not actually leave the U.S. during the given time period (usually 60 days), then the voluntary departure automatically becomes a final Order of Removal.

How can I reenter the US after voluntary departure?

What are the conditions for a voluntary departure?

The Service may attach to the granting of voluntary departure any conditions it deems necessary to ensure the alien’s timely departure from the United States, including the posting of a bond, continued detention pending departure, and removal under safeguards.

Who is not eligible for voluntary departure from DHS?

Also, aggravated felons and noncitizens engaged in terrorist activities are ineligible for pre-hearing voluntary departure. When you ask for voluntary departure from DHS, you give up your right to apply for immigration relief in court.

Can a service counsel grant a voluntary departure?

At any time prior to the completion of removal proceedings, the Service counsel may stipulate to a grant of voluntary departure under section 240B (a) of the Act . (3) Conditions.

When to seek voluntary departure from immigration court?

You may seek voluntary departure at the beginning of removal proceedings; that is, at your master calendar hearing in immigration court. Just like if you request voluntary departure from DHS before going to court, seeking voluntary departure at this stage means that you forever give up the right to apply for any other form of immigration relief.

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