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Tue Jan 24, 2012, 02:42 PM

Self-deportation vs. voluntary departure - Maybe this is what Mittens was referring to?

There is a provision in U.S. immigration called 'voluntary departure' that USCIS defines thusly (excerpted from USCIS): The departure of an alien from the United States without an order of removal. The departure may or may not have been preceded by a hearing before an immigration judge. An alien allowed to voluntarily depart concedes removability but does not have a bar to seeking admission at a port-of-entry at any time. Failure to depart within the time granted results in a fine and a ten-year bar to several forms of relief from deportation.


In plain English, a person who is illegally in the U.S. can voluntarily return to his/her home country by filing the form with USCIS and, when he/she re-applies for admission to the U.S., there is no bar to re-entering the U.S. in a legal status.

However, the person must leave within the prescribed amount of time or the bar/fine apply. This voluntary departure can also be used if a person has a deportation order against him/her.

I wonder if this is what Mittens was talking about... Either way, the problem is that few immigrants know about this and it still requires proper and competent counsel, because the risk is that the immigrant will be denied from re-entering the U.S. at his/her home country.

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Reply Self-deportation vs. voluntary departure - Maybe this is what Mittens was referring to? (Original post)
WilmywoodNCparalegal Jan 2012 OP
elleng Jan 2012 #1
sinkingfeeling Jan 2012 #2
leveymg Jan 2012 #3

Response to WilmywoodNCparalegal (Original post)

Tue Jan 24, 2012, 02:49 PM

1. I suspect that more than a few immigrants know about this,

but I note that most don't want to depart and start the ball rolling, legally, from their countries, as it will likely take AGES, and you are quite correct, counsel would be required to do it correctly.

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Response to WilmywoodNCparalegal (Original post)

Tue Jan 24, 2012, 02:57 PM

2. What he meant was, "I will make life so miserable for anybody that even looks

like they don't belong in this country, that, like in Georgia, they will just leave."

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Response to WilmywoodNCparalegal (Original post)

Tue Jan 24, 2012, 03:57 PM

3. Not that. He's probably referring to the 10 yr bar to readmission for those who depart after

Last edited Tue Jan 24, 2012, 08:23 PM - Edit history (2)

being found Out of Status (OOS) or determined to be illegal entrants. Looks like what he wants everyone to do is to register as illegal, and in exchange for a limited period of work authorization they would be forced to leave. Being found OOS or illegal entrants -- registered, photographed, fingerprinted -- they'd find it far harder to ever come back.

Amnesty without the amnesty. Mittens thinks the little brown people are even dumber than he is.

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