Volunatary Departure information from a Deportation Lawyer in Chicago

Assistance with Deportation and Voluntary Departure at Chicago Immigration Court. Free consultation.

Voluntary Departure in Removal Proceedings



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 are some benefits to voluntary departure but there are also hidden traps. Please contact an attorney to determine your best course of action. Our office defends cases at the Chicago Immigration Court and offers free email or phone consultations to determine if we may have a way to assist you.





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