Posted 6/13/2014 by Mark Miclette
Information
Your boyfriend has come under the watchful eye of Immigration Customs Enforcement (ICE) and it appears he is on the fast track to being deported. Only an attorney experienced in immigration law should advise him on his case, but some immigrants make the decision to voluntarily leave the country before being ordered out.
In cases where the immigrant decides to submit to a voluntary departure, either the Immigration Court or the Department of Homeland Security (DHS) can authorize such a deal. This prevents the immigrant from having an order of removal attached to his name.
Commonly referred to as a “Voluntary Deportation” or “Voluntary Departure” , the agreement allows the immigrant to leave under his own accord and at his own expense. This means any transportation, lodging or other expenses incurred with traveling back to his home nation will be paid by him.
There are three places during the process that your boyfriend can request a “Voluntary Deportation” agreement.
- Before his first immigration hearing
- During his first appearance before the immigration judge
- Immediately following the deportation court hearing conclusion
Most attorneys recommend not waiting until the conclusion of the hearings because at that point the judge is already preparing the removal order and will have to be convinced to let your boyfriend leave on his own instead.
Things That Help
To convince DHS or Immigration Court to allow your boyfriend to leave voluntarily he will need to
1. Withdraw any applications for relief (to cancel the removal hearings)
2. Admit he qualifies for forced removal
3. Waive all appeal rights
Required Steps
To be granted the right to Voluntary Deportation your boyfriend will also have to :
- Show he already has the needed travel documents
- Have been in the US for more than 12 consecutive months
- Prove he can afford to pay to leave the US
- Post an immigration bond that will be revoked and kept if he does not leave by the agreed upon date
Final thoughts: Your boyfriend should consult an attorney experienced in immigration law to understand all of the consequences and benefits of applying for Voluntary Deportation.