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Voluntary Departure

VOLUNTARY DEPARTURE 

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Voluntary departure is a limited form of relief that reduces the amount of time for which an alien is barred from returning. It may be offered by the government either at the beginning of removal proceedings or at the conclusion of proceedings.

 

To qualify, the noncitizen must show that she has one year physical presence before the Notice to Appear, good moral character for five years, no CIMTs or security threats, that the noncitizen has the financial ability to depart, and clear and convincing evidence that the noncitizen intends to depart.

 

If the noncitizen overstays past the date at which he was scheduled to leave, she is ineligible for voluntary relief. Voluntary departure is only advisable where one would not be found inadmissible upon return to the U.S., and can petition at a consular office abroad.

 

Back to Immigration Law

 
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