What Is It Voluntary Departure?
When Can I Request For This Form Of Relief?
Voluntary departure allows a person to leave the United States voluntarily at his own expense, without being subject to the inadmissibility bars that result from an order of removal.
Voluntary departure may be granted at any of three following stages:
- before removal proceedings are initiated
- before completion of proceedings
- at the conclusion of proceedings.
To receive a grant of voluntary departure, a person must specifically request this form of relief and consent to its terms and conditions.
If an individual with granted voluntary departure, fails voluntary departure the U.S. within the set time period, he is subject to civil penalty (up to $5,000) and he/she is barred, for ten years, from the following forms of reliefs:
- cancellation of removal;
- adjustment of status;
- change of status;
- voluntary departure.
Individuals who were granted voluntary departure under former INA § 244(e) (1995) are barred from these forms of relief for a five-year period.