A grant of voluntary departure allows removable aliens to leave the U.S. within a prescribed timeframe at their own expense. Voluntary departure also allows removable aliens to avoid some of the consequences of a removal order. For example, someone who voluntarily departs is not automatically barred from legally returning to the U.S. at a later date.
A respondent may request voluntary departure throughout the removal process, but the requirements become more rigorous as the process proceeds. As a general matter, aliens found to be removable due to an aggravated felony (as defined in immigration law) or terrorist activities, or to otherwise be a security risk to the U.S. are ineligible for voluntary departure at any stage.
Aliens may request voluntary departure at their master calendar hearing before the immigration judge. When aliens ask for voluntary departure prior to the conclusion of removal proceedings, they must give up their right to any other form of relief from removal and waive their right of appeal to the Board of Immigration Appeals (BIA), among other conditions.
An immigration judge may grant up to 120 days to depart. If travel documents are not immediately available to an alien, an immigration judge may grant up to 120 days to voluntarily depart on the condition that the alien secure travel documents and present them to Department of Homeland Security (DHS) within 60 days. If the alien does not produce the travel documents, the voluntary departure order is vacated and the alien is ordered removed from the U.S.
Aliens may also request voluntary departure from the immigration judge at their individual hearing. Aliens requesting voluntary departure at this stage must meet several requirements. They must:
• have been physically present in the U.S. for at least one year before the date DHS issued the Notice to Appear (NTA);
• have been a person of good moral character for the five years preceding the request;
• not be deportable as an aggravated felon or terrorist;
• demonstrate the ability to leave the U.S. at their own expense (including the ability to present valid travel documents); and
• demonstrate the financial ability to post a bond of no less than $500.
The alien must also demonstrate that he or she warrants a favorable exercise of the court’s discretion. An immigration judge in this circumstance may grant up to 60 days for the alien to leave the U.S.
It is also important to note that aliens may request voluntary departure from DHS in advance of their first hearing before an immigration judge. In this circumstance, an alien may be required to depart immediately or be given up to 120 days to leave the U.S. The alien and DHS can agree to up to 120 days of voluntary departure at any time prior to the completion of the final hearing before the immigration judge.
In Arkansas, as in all states, the regulation of voluntary departure for removable aliens is governed by federal immigration law, as immigration is a federal matter. Voluntary departure allows certain aliens who are subject to removal to leave the United States at their own expense within a specific timeframe, which can be up to 120 days if requested early in the removal proceedings or up to 60 days if requested later. This option helps the individual avoid some of the penalties associated with formal removal, such as being barred from re-entry for a certain period. To be eligible, individuals must not be deportable due to aggravated felony convictions or terrorist activities, must have been physically present in the U.S. for a certain period, demonstrate good moral character, and have the financial means to leave and post a bond if required. The requirements for voluntary departure become stricter as the removal process progresses, and if granted, the individual must waive the right to appeal and forgo other forms of relief. It's important to consult with an attorney for guidance specific to an individual's case, as immigration law is complex and constantly evolving.
