1. Pre-Hearing Voluntary Departure

   An applicant can obtain VD of up to 120 days if: (1) the request is made prior to or at the master calendar or a continued master calendar hearing; (2) no other relief is requested; (3) s/he concedes removability; (4) waives appeal; and (5) has not been convicted of an aggravated felony and is not deportable under security related provisions of INA §237(a)(4).
   
   

2. 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 deportable 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.

Call us today at (602) 257-1010 in Phoenix or (619) 238-8080 in San Diego. You may also contact us online.