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Rules for voluntary departure

On Behalf of | Jun 10, 2016 | U.S. Immigration Law |

People in Maryland who do not have permission to remain in the United States may want to apply for voluntary departure. Voluntary departure allows them to return to their home country at their own expense within a time period named by a judge. While a person who is in the United States illegally may still face hurdles reentering the country following a voluntary departure, in other cases, a voluntary departure may help the person avoid these types of consequences. These consequences may include fines or difficulties returning to the country,

If voluntary departure is approved, the person may also be required to post a bond of at least $500 to ensure that they leave the country. If removal proceedings are incomplete, the person usually has 120 days to leave under a voluntary departure. If removal proceedings are finished, the person usually has 60 days.

There also also situations, such as failing to post bond, under which a voluntary departure order might be terminated. Filing a petition to review or a motion to reconsider or reopen may also have this consequence. Failure to depart may result in a fine and ineligibility for various types of relief including a change in non-immigrant status.

Laws around deportation and voluntary departures are complex. A person who is dealing with any kind of immigration law might want to consult an attorney because errors may have profound consequences for them and their family. Furthermore, an immigration lawyer might have information regarding paths to residency or citizenship that a person may be unaware of. Immigration law is also subject to change, so a person who may not have been eligible for a green card or a visa in the past might be now. Age, location of immediate family, education and job training, and the situation in a person’s home country may all be relevant.