Voluntary departure is when a non-citizen leaves a country, usually to avoid deportation. It must be done within a specified time frame at the individual’s expense. Failure to comply can result in fines and being barred from returning. Eligibility depends on guidelines and criminal history. It can be granted before or after the removal procedure, but with different requirements.
Voluntary departure is a legal term used to describe a particular set of circumstances in which a non-citizen leaves a country. The term usually applies to people subject to deportation. It is the most common form of relief available to the aliens in this situation.
An individual who opts for voluntary departure generally avoids the negative consequences of expulsion. Such an individual typically must depart within a specified time frame at their own expense. Voluntary departure can usually be granted by immigration judges and in some countries by officials of a security agency, such as the United States (USA) Department of Homeland Security (DHS).
There can be serious consequences if you don’t leave the country after obtaining a voluntary departure. Those who do not depart within the stipulated time limit may be subject to fines and civil penalties. They could be barred from returning to the country. However, if the foreigner leaves within the stipulated time frame, he is usually not prevented from legally re-entering the country in the future.
In general, there are two moments in which a foreigner can request voluntary departure: before the conclusion of the removal procedure and at the end of the removal procedure. However, before a claim can be made, the alien in question must fall within the guidelines of a country. More significantly, the foreigner may not be eligible if he has been convicted of an aggravated crime or has been involved in terrorist activity.
A voluntary departure can be granted if requested before the conclusion of the removal procedure. This is usually the case only if the applicant first withdraws all other relief requests and demonstrates that they have the financial means to leave and that they do not pose a security risk. Additionally, the individual may be required to issue a bond which will only be repaid after leaving the country within the stated time frame. Typically, this time limit does not exceed 120 days.
If applied after the conclusion of the removal procedure, it is often more difficult to obtain a voluntary departure as there may be additional requirements. The foreigner may be required to prove that he is a person of good moral character up to five years before the application; that you have resided in a place for one year prior to the application; and that he has not previously been allowed to leave under a similar arrangement. A foreigner is usually given up to 60 days to fulfill the agreement.
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