Voluntary Departure (Pre-Conclusion, Post-Conclusion)

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Immigration Law


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Voluntary Departure Attorneys Phoenix, AZ

Advantages and Disadvantages of Voluntary Departure

Individuals who have been detained by the Immigration and Customs Enforcement (ICE), and are facing removal proceedings, may wish to choose Voluntary Departure.

Advantages of Voluntary Departure include:

Release from detention/avoidance of detention
The ability to apply for Permanent Residency, if eligible, at a later date
Departure on your own, within a given time frame, as determined by the court

Dangers of Voluntary Departure

Aliens who have been detained by ICE may be pressured to sign a voluntary departure document without any explanation or knowledge about the document they are signing. Do not sign anything without contacting the Maria Jones Law Firm. We may be able to provide you a legal defense that allows you to remain in the country legally!

When to apply for Voluntary Departure

Voluntary departure is available to aliens before the conclusion of deportation/removal hearings, and at the conclusion of removal hearings.

Pre-Conclusion Voluntary Departure

Once ICE alleges that an alien has violated immigration laws, that person will generally be served with a charging document called a Notice to Appear (NTA). The NTA will order him or her to appear before an Immigration judge.

Just prior to, or during, the immigrant’s first Immigration court hearing — called a Master Calendar hearing – he may apply for pre-conclusion Voluntary Departure.

To be eligible for pre-conclusion voluntary departure, the alien must:

Agree that he or she is removable as charged
Have no aggravated felony convictions, nor pose a security risk to the U.S.
Waive all rights to appeal
Show compelling evidence that he or she has the financial means to depart
Withdraw or waive all other requests for relief from deportation
Must not have previously been granted Voluntary Departure after having been found inadmissible under certain sections of the Immigration and Nationality Act

If the judge grants Voluntary Departure, the non-citizen immigrant must leave within the time limit specified by the Immigration Judge, usually within 120 days of the Master Calendar hearing.

Voluntary Departure Requested at the Conclusion of Removal Proceedings

At the conclusion of the removal proceedings, an Immigration Judge may grant Voluntary Departure if he determines that:

The foreign national has physically resided in the U.S. continuously for the past year, just prior to the date the Notice to Appear was served
The individual is, and has been, of good moral character for 5 years prior to a Voluntary Departure application
The alien not been convicted of a deportable crime, such as an aggravated felony and is not a security threat to the government
The immigrant has the proven financial means to depart the country, and will post a voluntary departure bond in an amount set by the judge

It may be more difficult for you to obtain Voluntary Departure at the conclusion of removal proceedings, due to more stringent eligibility requirements. If an Immigration Judge grants your request, you have 60 days to depart the country and you have to pay a $500 bond which will get back upon your departure from the U.S.

Voluntary Departure may be a good choice, or a poor choice, depending upon your particular circumstances. Please do not sign anything, including Voluntary Departure papers, without contacting us first. We may be able to provide you with legal alternatives to prevent your removal from the country. Arrange to speak with our Florence Deportation attorneys or immigration attorney phoenix at 602.626.3296 .


“Five years ago I got married with my husband, who is an American Citizen. My husband filed papers to fix my immigration status. In the past, immigration had detained me at the border, so I was advised to get an immigration attorney and I was recommended Maria Jones. She took my case, I honestly do not know what I would have done without her. There have been five times that they’ve wanted to deport me to Mexico and Maria Jones has always been there to defend me. With my attorney, I feel very protected and secure. From being ready to be sent to Mexico, she took me out. She appealed my deportation, and it was denied but Maria Jones again appealed that decision and after a year of waiting for great news, MY DEPORTATION WAS CANCELLED. From this day, I sleep well, I feel free. I am super appreciative with her and her staff. Thanks to her perseverance, we won the case and now I recommend her to the entire world!!! Thank you Maria Jones.”