Table of Contents
What is a voluntary departure form?
What is “voluntary departure”? “Voluntary departure” is when the Attorney General allows an alien to leave the U.S. without giving him/her a removal order. In essence, voluntary departure is like a “get out of the country free card.”
When should I request a voluntary departure?
If you cannot make a successful defense to removal from the U.S., you may be able to get voluntary departure instead of being subject to an order of removal. You can ask for voluntary departure before a removal hearing, at the Master Calendar hearing, or at the end of a removal hearing.
Who can get voluntary departure?
You must: 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) have the financial means to post a bond within five days of the judge’s order.
What is the benefit of voluntary departure?
Voluntary departure has certain benefits. It prevents the foreign national from having an order of deportation on his/her record. It avoids the bar to reentry after removal. Unlike unlawful reentry after deportation, there is no criminal penalty for unlawful reentry after a voluntary departure.
What is the difference between deportation and voluntary departure?
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.
What is the advantage of voluntary departure?
Is voluntary departure the same as removal?
Voluntary departure has a number of benefits over an order of removal. Most importantly, departing the United States with voluntary departure, as opposed to being removed by an immigration judge, means that you are not automatically inadmissible from the United States for a set number of years.
What is form I 391?
1. If the bonded individual has obtained legal status in the United States OR has been deported: ➢ When the bond is cancelled, ICE will send Form I-391 (“Notice of Immigration Bond Cancelled”) to the address you listed on the bond contract.
Can I go back to the US after voluntary departure?
Departing voluntarily can protect a non-citizen from the harsh consequences of an order of removal. However, even compliance with a voluntary departure order does not necessarily protect you from being found inadmissible and denied a visa if you seek to return to the United States in the future.
Can I go back to the U.S. after voluntary departure?
What is a Form I 213?
DHS prepares a Form I-213, Record of Deportable/Inadmissible Alien, which sets forth information to support the respondent’s alleged alienage and removability from the United States. These two documents are essential to any case before a U.S. immigration court, as they are the starting point for removal proceedings.
What is Form I 385?
The I-385 is the detainee’s identity document that is used to verify all documents associated with the release or transfer. 4. After verifying the documents, the Control Officer will use the most expeditious communication system (e.g., public address system) to instruct the detainee to report to the nearest officer.
What is form I 246?
Form i-246 is used to stay a removal (deportation) so it is for someone who already has a removal (deportation) order. It is used as a last ditch effort to request that a person with a removal (deportation) order be allowed to stay in the United States.
What is form I 296?
The Form I-860 includes a certificate of service signed by the immigration inspector. The record also includes Form I-296, Notice to Alien Ordered Removed/Departure Verification, dated June 30, 1999, that reflects the immigration inspector’s signature and the applicant’s fingerprint.
What is a Form I-862?
A Notice to Appear (NTA), Form I-862, is a charging document that the Department of Homeland Security (DHS) issues and files with the immigration court to start removal proceedings under section 240 of the Immigration and Nationality Act (INA) against an individual, known in removal proceedings as the “respondent.” The …
What is a form I-862?
What is an NTA in immigration law?
Notice to Appear (NTA) policy memorandum (PM) (PDF, 599.37 KB) providing guidance on when USCIS may issue Form I-862, Notice to Appear. An NTA is a document that instructs an individual to appear before an immigration judge. This is the first step in starting removal proceedings against them.
What is the procedure for a voluntary departure?
“Voluntary departure” is a discretionary form of relief which serves to simplify the deportation process. Essentially, at any point in the process, from when you’re picked up by ICE to the end of your removal proceedings, you can ask the person in charge of your case to simply let you leave the country voluntarily.
Can I return the US after voluntary departure?
leaving the U.S. under removal or voluntary departure, you cannot return to the U.S. for certain time periods without getting permission (“advance consent”) from DHS. These time periods are
How to apply for voluntary departure?
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
What are the benefits of voluntary departure?
Physical presence in the U.S.