Tips for Applying for Voluntary Departure

Voluntary departure is a form of relief from removal granted by the U.S. Department of Homeland Security (DHS) to certain undocumented immigrants who meet specific eligibility criteria.

Voluntary departure allows eligible individuals to leave the United States voluntarily within a specified period, typically 60 days, without being subject to an order of removal or facing future inadmissibility to the U.S. It can provide a way for undocumented immigrants to avoid the negative consequences of removal proceedings, such as a negative impact on their ability to obtain legal status in the future.

To apply for voluntary departure, an individual must file Form I-304, Application for Voluntary Departure, with the USCIS. The application must include evidence of identity, proof of financial means to support oneself during the period of voluntary departure, and a statement of intent to depart the U.S. within the specified time frame.

1. Eligibility

The eligibility criteria for voluntary departure are designed to ensure that the individuals who are granted this relief are not a threat to public safety and that they have established some ties to the United States.

• Physical Presence: The one-year physical presence requirement ensures that the individual has been in the United States for a substantial period of time and has had the opportunity to establish ties to the community.
• Criminal Convictions: The requirement that the individual have no criminal convictions is intended to ensure that they are not a threat to public safety. Certain criminal convictions, such as violent crimes or drug trafficking offenses, will automatically disqualify an individual from voluntary departure.
• National Security: The requirement that the individual not be a threat to national security is a broad catch-all provision that allows the government to deny voluntary departure to individuals who are suspected of engaging in terrorist activities or other activities that could harm the United States.

These eligibility criteria help to ensure that voluntary departure is only granted to individuals who are deserving of this relief and who will not pose a threat to the United States.

2. Application

The application process for voluntary departure is an important part of the overall process of applying for this relief. By filing Form I-304, the applicant is providing the USCIS with the necessary information to determine their eligibility for voluntary departure. This information includes evidence of identity, proof of financial means to support oneself during the period of voluntary departure, and a statement of intent to depart the U.S. within the specified time frame.

The USCIS will review the application and supporting documentation to determine if the applicant meets the eligibility criteria for voluntary departure. If the application is approved, the applicant will be granted voluntary departure for a specified period of time. This will allow the applicant to leave the U.S. voluntarily without being subject to an order of removal or facing future inadmissibility to the U.S.

The application process for voluntary departure can be complex and time-consuming. It is important to seek the advice of an experienced immigration attorney to help you with this process.

Processing

The processing of an application for voluntary departure is a critical step in the overall process of applying for this relief. By reviewing the application, conducting a background check, and interviewing the applicant, the USCIS is able to determine whether the applicant meets the eligibility criteria for voluntary departure. This process helps to ensure that only those individuals who are deserving of this relief are granted voluntary departure.

If the application is approved, the applicant will be granted voluntary departure for a specified period of time. This will allow the applicant to leave the U.S. voluntarily without being subject to an order of removal or facing future inadmissibility to the U.S. This can be a valuable option for undocumented immigrants who are eligible for voluntary departure and wish to avoid the negative consequences of removal proceedings.

The processing of an application for voluntary departure can be complex and time-consuming. It is important to seek the advice of an experienced immigration attorney to help you with this process.

3. Departure

The requirement to depart the U.S. within the specified time frame is an essential component of voluntary departure. It ensures that individuals who are granted this relief actually leave the country and do not overstay their welcome. This helps to maintain the integrity of the immigration system and prevents individuals from abusing the voluntary departure process.

• Facet 1: Importance of Timely Departure

  Timely departure is important because it shows that the individual is genuine in their desire to leave the U.S. and is not simply trying to delay or avoid removal proceedings. It also helps to maintain the integrity of the immigration system and prevents individuals from abusing the voluntary departure process.

• Facet 2: Consequences of Failing to Depart Timely

  If an individual fails to depart within the specified time frame, they may be subject to an order of removal. This means that they will be forcibly removed from the U.S. and will be barred from re-entering the country for a period of time.

• Facet 3: Seeking Legal Advice

  If you are considering applying for voluntary departure, it is important to seek the advice of an experienced immigration attorney. An attorney can help you to understand the process, assess your eligibility, and prepare your application. An attorney can also represent you in court if necessary.

By understanding the requirement to depart the U.S. within the specified time frame and the consequences of failing to do so, you can increase your chances of successfully obtaining voluntary departure.

FAQs on How to Apply for Voluntary Departure

Voluntary departure is a form of relief from removal granted to certain undocumented immigrants who meet specific eligibility criteria. It allows eligible individuals to leave the United States voluntarily within a specified period, typically 60 days, without being subject to an order of removal or facing future inadmissibility to the U.S. The following are some frequently asked questions about how to apply for voluntary departure:

Question 1: Who is eligible for voluntary departure?

To be eligible for voluntary departure, an individual must have been physically present in the U.S. for at least one year, have no criminal convictions, and not be a threat to national security.

Question 2: How do I apply for voluntary departure?

To apply for voluntary departure, you must file Form I-304, Application for Voluntary Departure, with the USCIS. The application must include evidence of identity, proof of financial means to support yourself during the period of voluntary departure, and a statement of intent to depart the U.S. within the specified time frame.

Question 3: What is the processing time for an application for voluntary departure?

The processing time for an application for voluntary departure can vary depending on the individual circumstances. However, it is generally recommended to file the application at least 60 days before the desired departure date.

Question 4: What happens if my application for voluntary departure is approved?

If your application for voluntary departure is approved, you will be granted voluntary departure for a specified period of time. This will allow you to leave the U.S. voluntarily without being subject to an order of removal or facing future inadmissibility to the U.S.

Question 5: What happens if I fail to depart the U.S. within the specified time frame?

If you fail to depart the U.S. within the specified time frame, you may be subject to an order of removal. This means that you will be forcibly removed from the U.S. and will be barred from re-entering the country for a period of time.

Question 6: Can I re-enter the U.S. after I have been granted voluntary departure?

You may be able to re-enter the U.S. after you have been granted voluntary departure, but it will depend on your individual circumstances. It is important to consult with an experienced immigration attorney to discuss your options.

These are just some of the frequently asked questions about how to apply for voluntary departure. If you have any further questions, it is important to seek the advice of an experienced immigration attorney.

Summary of key takeaways:

• Voluntary departure is an important form of relief that can allow undocumented immigrants to leave the U.S. voluntarily without facing an order of removal or future inadmissibility.
• To be eligible for voluntary departure, you must meet certain criteria, such as having been physically present in the U.S. for at least one year and having no criminal convictions.
• The application process for voluntary departure can be complex, so it is important to seek the advice of an experienced immigration attorney.

Transition to the next article section:

If you are considering applying for voluntary departure, it is important to weigh the benefits and risks carefully. You should also consult with an experienced immigration attorney to discuss your individual circumstances and to determine if voluntary departure is the right option for you.

Tips for Applying for Voluntary Departure

Applying for voluntary departure can be a complex and time-consuming process. However, by following these tips, you can increase your chances of success.

Tip 1: Gather the necessary evidence.

Before you begin the application process, it is important to gather all of the necessary evidence. This includes evidence of your identity, your financial means, and your intent to depart the U.S. within the specified time frame.

• Evidence of identity may include a passport, driver’s license, or birth certificate.
• Evidence of financial means may include bank statements, pay stubs, or a letter from an employer.
• Evidence of intent to depart the U.S. may include a plane ticket or a letter from a travel agent.

Tip 2: File your application early.

It is important to file your application for voluntary departure as early as possible. This will give the USCIS time to process your application and make a decision.

The USCIS recommends that you file your application at least 60 days before your desired departure date.

Tip 3: Be honest and accurate on your application.

It is important to be honest and accurate on your application for voluntary departure. Any misrepresentations or omissions could lead to your application being denied.

If you are unsure about how to answer a question on the application, consult with an immigration attorney.

Tip 4: Attend your interview.

Once you have filed your application, you will be scheduled for an interview with the USCIS. It is important to attend your interview and to be prepared to answer questions about your application.

The USCIS officer will ask you questions about your identity, your financial means, and your intent to depart the U.S. within the specified time frame.

Tip 5: Follow the instructions carefully.

Once your application has been approved, you will be given instructions on how to depart the U.S. It is important to follow these instructions carefully.

If you do not follow the instructions, you may be subject to an order of removal.

Summary of key takeaways:

• Gather all of the necessary evidence before you begin the application process.
• File your application early.
• Be honest and accurate on your application.
• Attend your interview.
• Follow the instructions carefully.

Transition to the article’s conclusion:

Applying for voluntary departure can be a complex and time-consuming process. However, by following these tips, you can increase your chances of success. If you have any questions or concerns, it is important to consult with an experienced immigration attorney.

Closing Remarks on Applying for Voluntary Departure

Voluntary departure is a valuable form of relief that can allow undocumented immigrants to leave the United States voluntarily without facing an order of removal or future inadmissibility. The application process can be complex and time-consuming, but it is important to follow the instructions carefully and to gather all of the necessary evidence.

If you are considering applying for voluntary departure, it is important to weigh the benefits and risks carefully. You should also consult with an experienced immigration attorney to discuss your individual circumstances and to determine if voluntary departure is the right option for you.

Applying for voluntary departure can be a daunting task, but it is important to remember that you are not alone. There are resources available to help you through the process, and there are people who care about your well-being.

We hope that this article has been informative and helpful. If you have any further questions, please do not hesitate to contact an immigration attorney or other qualified professional.