If you are in removal proceedings in Immigration Court and do not have any relief available to you, you can ask for the privilege of voluntary departure. Depending on when you request voluntary departure, you will either ask ICE or the judge and there are different requirements you have to meet. If you are granted voluntary departure, you may leave the U.S. voluntarily. You have the freedom to leave how and when you want, so long as you leave by the stated deadline (usually between 60 and 120 days) and comply with any terms imposed by the judge. You will also probably have to pay a bond to ICE within five days of receiving voluntary departure.
The greatest benefit of being granted voluntary departure (so long as you comply with the terms), is that you will not be issued an order of removal. If you receive an order of removal, you are barred from returning to the U.S. for ten years. If you receive voluntary departure, you are not. Other bars, however, may still apply to your case and require you to stay outside the U.S. for a certain length of time.
It is important to consult an attorney to see if you are eligible for voluntary departure and if it is the best option for you. Lisa Green & Associates, P.C. would be honored to help you.
Waivers of Inadmissibility
If you have a criminal conviction or have broken the immigration laws in the past, you may be “inadmissible” to the United States – in other words, ineligible for a visa or green card. Some common grounds of inadmissibility include:
Unlawful presence in the U.S.
Criminal convictions or illegal activity.
Fraud or misrepresentation. This could include lying to an immigration official; using a fake document or a document that belonged to someone else; or putting incorrect information on an immigration form.
Prior deportation, whether deported at the border or ordered deported by an immigration judge.
If you are inadmissible, depending on the circumstances of your case, you may be eligible for a waiver of inadmissibility. A waiver is like a pardon of the crime or immigration violation that makes you ineligible for your visa or green card. If your waiver is approved, you will be able to come to the U.S. on a temporary visa or with a green card even though something in your past makes you inadmissible to the United States.