Voluntary departure is an order allowing a respondent in removal proceedings to leave the United States by a specific date, without being subject to a removal order. It is correct that departing voluntarily by the specified date can shield a respondent from the consequences of a removal order. However, even when a respondent voluntarily departs the United States, he or she may still be subject to other inadmissibility bars such as unlawfully presence under INA § 212(a)(9)(B). However, if a respondent does not intend to leave the country by the final date on the voluntary departure order, it is dangerous to seek such relief because overstaying a voluntary departure period brings severe consequences. In fact, the results of failing to comply with a voluntary departure order may be harsher than the results of accepting a removal order.

A respondent who is granted voluntary departure but fails to depart is subject to civil penalty of not less than $1000 but not more than $5000 and shall be ineligible for adjustment of status for ten years, cannot apply for voluntary departure in a future proceeding, cancellation of removal or change of status. See INA § 240B(d). However, if this same respondent had been ordered removed rather than granted voluntary departure, he or she would not be statutorily barred from adjustment and could file a motion to reopen his or her removal proceedings to seek available reliefs. Therefore, it is very crucial for a person in removal proceedings to consult an experienced immigration lawyer before seeking voluntary departure in immigration court.

It is important to know when the voluntary departure clock start ticking. Generally, the voluntary departure period begins on the date of the immigration judge makes the order. However, if the respondent appeals the order by filing an appeal with the Board of Immigration Appeals, the filing of the appeal automatically stays execution of the voluntary departure order. Therefore, if a respondent disagrees with the order, he or she should immediately file an appeal to prevent the time from running.

I hope this article is educative and helpful. If you or someone you know is in removal proceedings, call our office and we will be glad to represent you.