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Voluntary departure

General information


Rather than being subjected to an order of removal some individuals may choose to take voluntary departure.


Pre-hearing voluntary departure
  1. DHS may grant up to 120 days to depart at own expense
  2. DHS may require bond or continued detention
  3. Not an aggravated-felon or security risk
  4. Failure to depart can result in 10 year bar to any relief and civil penalties


Voluntary departure at a master calendar hearing
  1. Immigration judge can grant up to 120 days
  2. Must not request other relief
  3. Must waive right to appeal
  4. Must concede removability
  5. Not an aggravated felon or security risk
Voluntary departure at conclusion of removal proceedings
  1. Must show physical presence in U.S. before Notice to Appear was issued
  2. Must show good moral character for 5 years before request for voluntary departure
  3. Not an aggravated felon or security risk
  4. Must be able to depart at own expense
  5. Judge may also look at immigration history, nature of his/her entry, violation of immigration and other laws, length of residence in the U.S., close family ties, and humanitarian needs.

The DHS and individual being removed can agree to voluntary departure by stipulation at any time.

There maybe other factors relvant to your specific case so it is always good to consult with an attorney if you are in removal proceedings.

Justin G. Randolph
Law Office of Justin G. Randolph | Free Consultation
53 W. Jackson Blvd., Suite 1234
Chicago IL 60604 United States of America
1 (312) 663-1560
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