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Voluntary Departure – what to do BEFORE you leave
Taking Voluntary Departure in Immigration Court
If you are in removal proceedings in immigration court, but married to a US citizen, one form of relief is to request voluntary departure. That is, unless you have accumulated unlawful presence in the US. Be sure to speak to an immigration attorney before deciding to either simply leave the US without going to court, or taking voluntary departure in court. The laws concerning unlawful presence are complex and you want to make sure that you do not subject yourself to an automatic bar of either 3 or 10 years once you leave. The purpose of taking voluntary departure is to allow someone who does not qualify for adjustment of status in the US, to leave the US and then ask to return as a result of being married to a US citizen once the I-130 Petition for Relative Alien has been approved.
Voluntary Departure v. Self-Deportation
If you leave the US without going to court, you will self-deport and have to stay out of the US for several years before returning. However, by going to court and requesting voluntary departure, even though you entered the US illegally, you would not have unlawful presence if you filed an asylum application within one year of your entry. Unlawful presence may be tolled in other situations as well.
Voluntary departure is a discretionary form of relief, meaning the judge has the ability to grant or not grant voluntary departure even if technically, you are eligible. You will be asked to confirm that it is your decision to take voluntary departure, what arrests and convictions do you have anywhere in the world, whether or novoluntary deparuret you have been ordered removed before or taken voluntary departure before, and whether or not you have a passport and the ability to pay your own way out of the United States. You will also have to advise the court that you will leave on or before the date provided by the court. The most time you will be able to remain in the US after taking voluntary departure is 120 days.
Complying with the Voluntary Departure Order
Once you take voluntary departure, it is very important that you make an appointment to appear in person at the local US Immigration and Customs Enforcement (ICE) office to present a copy of your passport and airline reservation. Form G- 146 will be provided to verify your departure from the US. This document should be taken to the US Consulate in your home country. By complying with the voluntary departure procedure, your case will avoid unnecessary problems.
Do you agree or disagree?
Written by Peter J. Loughlin, Esq. & Thomas W. Goldman, Esq.
Thomas W. Goldman, Esq., J.D., LL.M., and Peter J. Loughlin, Esq., J.D., LL.M., are US immigration lawyers and the founders of Goldman and Loughlin, PLLC Law Firm, a national immigration law firm with offices in Orlando, Florida and Naples, Florida and Bradenton Florida.
Filed under: Asylum · Tags: Asylum, Form G-146, immigration court, removal, voluntary departure
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I am a U.S. citizen engaged to a
South Korean woman, who, because of ignorance, did enter the USA illegally in 2002 and stayed in the USA working menial jobs for 5 years. She had since returned to South Korea in 2007 to care for her sick mother with the intention of returning so that we could marry. Under current immigration law she is now bared from legally entering the USA for 10 year, however in the body of your posting you also listed a 3 year bar. Is it possible that my fiance can only be barred for 3 years?
Since she was staying in the US illegally for more than a year, the 3 year bar won’t be applicable to her, only the 10 year bar is.
I was granted granted voluntary departure in 2006, but never departed this was due to not getting proper advise, my attorney did not even show up for the hearing. She did this because she was moving and she said had no one to take my case so the best she could was ask for voluntary departure. I am married to a us citizen, since then but i because of 10 ban rule i have not applied for anything.
I have heard that there are some change concerning the 10yr bar. You can reopen the case. How well is that working?
sll
If someone has lived in the U.S. for over 10 years and now wants to return to Mexico. However, they live in San Diego, CA and they want to cross the boarder in Texas to go to OAXACA, MX. Can they get a voluntary departure to be able to pass all check points?
victor
I found your blog on google and read a few of your other posts. I just added you to my Google News Reader. Keep up the great work Look forward to reading more from you in the future.
Here is my case
My boy friend was on student visa and he has valid I-20 and degrees for his last semester but he was late by few days for filling I-94 extension and it went in as a case and took 5 months to judgment , he was graduate by then, he was assign an officer who arranged for legal documents and make sure he leave the country on the date and time he gave, his overstayed was less than 180 days , there is no intention for staying illegally it was just an technical mistake, the assigned officer told him that this case will be reflected for 2 years in your records so do not apply for any visa till 2 years, does 2 years bar applies to him? his this two years period is going to expire in Nov 2011 and we are planning to get marry in Nov 2011 I am here on H 1B visa can he come to USA on H4 in Nov 2011 or his voluntary departure creates an issue in getting H 4 Visa
Appreciate for your help
Thanks