NOTE: For those who have been in the U.S. more than 1 year without status, there is an unlawful presence bar from inadmissibility for 10 years upon departure from the U.S. This unlawful presence bar exists even if you are granted voluntary departure. See Inadmissibility Waivers for eligibility information.
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Requesting Voluntary Departure
Voluntary departures are typically requested by immigrants who’ve been placed under arrest. The DHS may not offer this option in most cases, so you must be aware of it and request it from the Immigration Judge.. A voluntary departure places all financial responsibilities on the individual while saving him or her from having to undergo the standard removal proceedings.
A voluntary departure abandons your right to obtain immigration relief, so it may be the best option for those immigrants who wish to return to their country of origin. It’s also the ideal choice for those who can’t afford the court costs to fight removal. However, many immigrants who have been in the U.S for 10 years or more may qualify for immigration relief from removal.. In these and other cases, voluntary departure may not be the best option.
We will help you determine the best solution based on your life circumstances.