Voluntary departure is a relief under which a foreign national is applying with the Immigration Judge to allow the person to “voluntary” leave the U.S. without a removal order.  The “relief” may only be granted by the Attorney General (the immigration judge or the Board of Immigration Appeals) and cannot be appealed to federal courts.  The relief serves two main functions.  First and foremost, it is an inexpensive way for the government to remove the foreign national from the U.S., without having to purchase their airplane tickets to deport a removable foreign national.  The second purpose is it allow certain foreign national to leave the country without a removal order.  The effect is that these foreign nationals will be able to apply at the consulate to reenter the U.S. relatively quickly without a bar (a statutory requirement that the person must remain outside the U.S. before allowing to reenter).  A foreign national that committed a crime that is removable or overstayed less than 1 year can be petitioned by their United States citizen relative to come back to the U.S.  Unfortunately, the bar for a foreign national that has overstayed for 1 year or more will remain. 

 

Contact the Immigration Lawyers at Garg & Associates today for more on voluntary departure.