Pre-Hearing Voluntary Departure
Sometimes, an applicant has no immediate relief available and the best option could be to request to be allowed to go home on his/her own. This makes a lot of sense because the alien gets time to organize his/her affairs, and depart with no one knowing. Also, it gives the alien an opportunity to re-enter the United States and start on a clean slate. An order of deportation will have more far reaching consequences on the person's ability to re-enter. The alien can obtain VD of up to 120 days if the request is made prior to or at the master calendar or a continued master calendar hearing; provided the person is not convicted of an aggravated felony or is not in removal under security related provisions.
Post-Conclusion Voluntary Departure
Persons in removal hearings are eligible for voluntary departure after a final hearing if they meet the following conditions :(1) Must be physically present in the U.S. for at least one year prior to service of the Notice To Appear ;(2) Must have the financial ability to post a bond designated by the IJ within 5 days of the IJ's order (the minimum bond the IJ can set is $500); (3) Must be a person of good moral character for at least the 5 years preceding the application for VD; (4) Must not be deplorable as an aggravated felon or terrorist; (5) Must not have previously been granted VD after having been found inadmissible under INA §212(a)(6)(A); and (6) Must establish by clear and convincing evidence that they have ability to leave at own expense and that they intend to do so.
The IJ may grant 60 days VD after a final merit hearing. A bond is now required "in an amount necessary to ensure that the alien will depart," but in no case less than $500. It must be posted within 5 days of the IJ's order. If person fails to depart within the time period specified for VD s/he is: (1) subject to a civil penalty of $1,000 to $5,000; and (2) ineligible for a period of 10 years for any further relief of VD, adjustment, cancellation of removal, change of status or registry
