Voluntary Departure

ADVANTAGES AND DISADVANTAGES OF VOLUNTARY DEPARTURE

Individuals who have been detained by the Immigration and Customs Enforcement (ICE), and are facing removal proceedings, may wish to choose Voluntary Departure.

Advantages of Voluntary Departure include:

• Release from detention/avoidance of detention
• The ability to apply for Permanent Residency, if eligible, at a later date
• Departure on your own, within a given time frame, as determined by the court

DANGERS OF VOLUNTARY DEPARTURE

Aliens who have been detained by ICE may be pressured to sign a voluntary departure document without any explanation or knowledge about the document they are signing. Do not sign anything without contactingCIMA Law Group. We may be able to provide you a legal defense that allows you to remain in the country legally!

WHEN TO APPLY FOR VOLUNTARY DEPARTURE

Voluntary departure is available to aliens before the conclusion of deportation/removal hearings, and at the conclusion of removal hearings.

PRE-CONCLUSION VOLUNTARY DEPARTURE

Once ICE alleges that an alien has violated immigration laws, that person will generally be served with a charging document called a Notice to Appear (NTA). The NTA will order him or her to appear before an Immigration judge. Just prior to or during the immigrant’s first Immigration court hearing, called a Master Calendar hearing, he may apply for pre-conclusion Voluntary Departure.

To be eligible for pre-conclusion voluntary departure, the alien must:

• Agree that he or she is removable as charged
• Have no aggravated felony convictions, nor pose a security risk to the U.S.
• Waive all rights to appeal
• Show compelling evidence that he or she has the financial means to depart
• Withdraw or waive all other requests for relief from deportation
• Must not have previously been granted Voluntary Departure after having been found inadmissible under certain sections of the Immigration and Nationality Act

If the judge grants Voluntary Departure, the non-citizen immigrant must leave within the time limit specified by the Immigration Judge, usually within 120 days of the Master Calendar hearing.

VOLUNTARY DEPARTURE REQUESTED AT THE CONCLUSION OF REMOVAL PROCEEDINGS

At the conclusion of the removal proceedings, an Immigration Judge may grant Voluntary Departure if he determines that:

• The foreign national has physically resided in the U.S. continuously for the past year, just prior to the date the Notice to Appear was served
• The individual is, and has been, of good moral character for 5 years prior to a Voluntary Departure application
• The alien not been convicted of a deportable crime, such as an aggravated felony and is not a security threat to the government
• The immigrant has the proven financial means to depart the country, and will post a voluntary departure bond in an amount set by the judge

It may be more difficult for you to obtain Voluntary Departure at the conclusion of removal proceedings, due to more stringent eligibility requirements. If an Immigration Judge grants your request, you have 60 days to depart the country and you have to pay a $500 bond which will get back upon your departure from the U.S. Voluntary Departure may be a good choice, or a poor choice, depending upon your particular circumstances. Please do not sign anything, including Voluntary Departure papers, without contacting us first. We may be able to provide you with legal alternatives to prevent your removal from the country. Arrange to speak with a deportation attorney or immigration attorney phoenix at Cima Law Group at (623) 377-4191.