§1229c Voluntary departure

Summary

The Attorney General can let a noncitizen leave the United States on their own at their own cost instead of going through removal hearings or before those hearings finish, as long as the person is not deportable under certain criminal or security grounds. That permission normally cannot last more than 120 days. From October 1, 2000 through September 30, 2003, the Attorney General could, for humanitarian reasons, waive the 120-day limit for people admitted under the visa waiver pilot program who need to stay for medical treatment. Those people must provide a doctor’s detailed diagnosis with the expected treatment time, a statement from the health facility that the care is not paid by federal or state programs and the bill is paid, and proof they can pay living expenses and are not on public assistance. Family members who entered with them may qualify too. Waivers must be requested by a local immigration office to headquarters, are limited to 300 principal waivers per year, usually allow only one adult family member (but up to two adults in specified cases), and require an annual report to Congress by March 30 or the waiver authority is suspended. The Attorney General may require a bond that is returned when the person proves they left. People arriving at the border who already have removal proceedings started there generally cannot get this kind of permission, though they may be allowed to withdraw an application for admission. At the end of a removal hearing, an immigration judge may order voluntary departure if the person has been in the United States at least one year before their notice to appear, has been of good moral character for at least 5 years, is not deportable under certain grounds, and clearly shows they can and will leave. Judge-ordered voluntary departure cannot exceed 60 days and usually requires a bond. No one may get voluntary departure if they were earlier allowed to leave after being found inadmissible under section 1182(a)(6)(A). If a person who was given voluntary departure does not leave in time, they face a civil fine of $1,000 to $5,000 and a 10-year bar from getting voluntary departure and several other immigration benefits, with limited exceptions for certain abuse-related petitions. The order must tell the person about these penalties. The Attorney General can make rules limiting who may get voluntary departure, and courts may not review those rules or hear appeals of denials or stop a removal while voluntary departure claims are decided.