Voluntary Departure

What does Voluntary Departure mean?

A voluntary departure allows an individual, who is facing deportation, to voluntarily leave the country within a specified time period to avoid a final order for removal. Many individuals facing deportation may choose a voluntary departure to avoid getting barred from reentering the United States for up to ten years if they are officially deported.

There are several requirements for a voluntary departure before or at the Master Calendar hearing. For instance, an individual must show they have waived or withdrawn all other requests for relief, they have waived their right to appeal all issues, they concede their removability, they have not been convicted of an aggravated felony and they are not a security risk and they can present clear and convincing evidence they intend to depart with the resources to do so. Generally, departures are made up to 120 days at the time of the Master Calendar hearing.

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