Quick search by citation:

8 U.S. Code § 1229c - Voluntary departure

(a) Certain conditions

(1) In general

TheAttorney General may permit an alienvoluntarily to depart the United Statesat the alien’s own expense under this subsection, in lieu of being subject to proceedings undersection 1229a of this title or prior to the completion of such proceedings, if the alienis not deportable under section 1227(a)(2)(A)(iii) orsection 1227(a)(4)(B) of this title.

(2) Period

(A) In general

Subject to subparagraph (B), permission to depart voluntarily under this subsection shall not be valid for a period exceeding 120 days.

(B) Three-year pilot program waiverDuring the periodOctober 1, 2000, throughSeptember 30, 2003, and subject to subparagraphs (C) and (D)(ii), the Attorney Generalmay, in the discretion of the Attorney Generalfor humanitarian purposes, waive application of subparagraph (A) in the case of an alien—

(i) who was admitted to theUnited States as a nonimmigrant visitor (described insection 1101(a)(15)(B) of this title) under the provisions of the visa waiver pilot program established pursuant tosection 1187 of this title, seeks the waiver for the purpose of continuing to receive medical treatment in the United Statesfrom a physician associated with a health care facility, and submits to the Attorney General—

(I)

a detailed diagnosis statement from the physician, which includes the treatment being sought and the expected time period thealien will be required to remain in theUnited States;

(II)

a statement from the health care facility containing an assurance that thealien’s treatment is not being paid through any Federal orState public health assistance, that the alien’s account has no outstanding balance, and that such facility will notify theService when the alienis released or treatment is terminated; and

(III)

evidence of financial ability to support thealien’s day-to-day expenses while in theUnited States (including the expenses of any family member described in clause (ii)) and evidence that any such alienor family member is not receiving any form of public assistance; or

(ii) who—

(I)

is a spouse, parent, brother, sister, son, daughter, or other family member of a principalalien described in clause (i); and

(II)

entered theUnited States accompanying, and with the same status as, such principal alien.

(i)

Waivers under subparagraph (B) may be granted only upon a request submitted by aService district office toService headquarters.

(ii)

Not more than 300 waivers may be granted for any fiscal year for a principalalien under subparagraph (B)(i).

(iii)

(I)

Except as provided in subclause (II), in the case of each principalalien described in subparagraph (B)(i) not more than one adult may be granted a waiver under subparagraph (B)(ii).

(II) Not more than two adults may be granted a waiver under subparagraph (B)(ii) in a case in which—

(aa)

the principalalien described in subparagraph (B)(i) is a dependent under the age of 18; or

(bb)

one such adult is age 55 or older or is physically handicapped.

(D) Report toCongress; suspension of waiver authority

(i)

Not later than March 30 of each year, theCommissioner shall submit to theCongress an annual report regarding all waivers granted under subparagraph (B) during the preceding fiscal year.

(ii)

Notwithstanding any other provision of law, the authority of theAttorney General under subparagraph (B) shall be suspended during any period in which an annual report under clause (i) is past due and has not been submitted.

(3) Bond

TheAttorney General may require an alienpermitted to depart voluntarily under this subsection to post a voluntary departure bond, to be surrendered upon proof that the alienhas departed the United Stateswithin the time specified.

(4) Treatment of aliens arriving in the United States

In the case of analien who is arriving in theUnited States and with respect to whom proceedings undersection 1229a of this title are (or would otherwise be) initiated at the time of such alien’s arrival, paragraph (1) shall not apply. Nothing in this paragraph shall be construed as preventing such an alienfrom withdrawing the application for admission in accordance withsection 1225(a)(4) of this title.

(b) At conclusion of proceedings

(1) In generalTheAttorney General may permit an alienvoluntarily to depart the United Statesat the alien’s own expense if, at the conclusion of a proceeding undersection 1229a of this title, the immigration judge enters an order granting voluntary departure in lieu of removal and finds that—

(A)

thealien has been physically present in theUnited States for a period of at least one year immediately preceding the date the notice to appear was served undersection 1229(a) of this title;

(B)

thealien is, and has been, a person of good moral character for at least 5 years immediately preceding thealien’s application for voluntary departure;

(C)

thealien is not deportable under section 1227(a)(2)(A)(iii) orsection 1227(a)(4) of this title; and

(D)

thealien has established by clear and convincing evidence that thealien has the means to depart theUnited States and intends to do so.

(2) Period

Permission to depart voluntarily under this subsection shall not be valid for a period exceeding 60 days.

(3) Bond

Analien permitted to depart voluntarily under this subsection shall be required to post a voluntary departure bond, in an amount necessary to ensure that thealien will depart, to be surrendered upon proof that thealien has departed theUnited States within the time specified.

TheAttorney General shall not permit an aliento depart voluntarily under this section if the alienwas previously permitted to so depart after having been found inadmissible undersection 1182(a)(6)(A) of this title.

(d) Civil penalty for failure to depart

(1) In generalSubject to paragraph (2), if analien is permitted to depart voluntarily under this section and voluntarily fails to depart theUnited States within the time period specified, the alien—

(A)

shall be subject to a civil penalty of not less than $1,000 and not more than $5,000; and

(B)

shall be ineligible, for a period of 10 years, to receive any further relief under this section and sections1229b,1255,1258, and1259 of this title.

(2) Application of VAWA protections

The restrictions on relief under paragraph (1) shall not apply to relief under section1229b or1255 of this title on the basis of a petition filed by a VAWA self-petitioner, or a petition filed undersection 1229b(b)(2) of this title, or undersection 1254(a)(3) of this title (as in effect prior toMarch 31, 1997), if the extreme cruelty or battery was at least one central reason for the alien’s overstaying the grant of voluntary departure.

(3) Notice of penalties

The order permitting analien to depart voluntarily shall inform thealien of the penalties under this subsection.

(e) Additional conditions

TheAttorney General may by regulation limit eligibility for voluntary departure under this section for any class or classes of aliens. No court may review any regulation issued under this subsection.

(f) Judicial review

No court shall have jurisdiction over an appeal from denial of a request for an order of voluntary departure under subsection (b), nor shall any court order a stay of analien’s removal pending consideration of any claim with respect to voluntary departure.

(June 27, 1952, ch. 477, title II, ch. 4, § 240B, as addedPub. L. 104–208, div. C, title III, § 304(a)(3),Sept. 30, 1996,110 Stat. 3009–596; amendedPub. L. 106–406, § 2,Nov. 1, 2000,114 Stat. 1755;Pub. L. 109–162, title VIII, § 812,Jan. 5, 2006,119 Stat. 3057.)

Editorial Notes

References in Text

Section 1254 of this title, referred to in subsec. (d)(2), was repealed byPub. L. 104–208, div. C, title III, § 308(b)(7),Sept. 30, 1996,110 Stat. 3009–615.

Amendments

2006—Subsec. (d).Pub. L. 109–162 reenacted heading without change and amended text generally. Prior to amendment, text read as follows: “If an alienis permitted to depart voluntarily under this section and fails voluntarily to depart the United Stateswithin the time period specified, the alienshall be subject to a civil penalty of not less than $1,000 and not more than $5,000, and be ineligible for a period of 10 years for any further relief under this section and sections 1229b, 1255, 1258, and 1259 of this title. The order permitting the aliento depart voluntarily shall inform the alienof the penalties under this subsection.”

2000—Subsec. (a)(2).Pub. L. 106–406 amended heading and text of par. (2) generally. Prior to amendment, text read as follows: “Permission to depart voluntarily under this subsection shall not be valid for a period exceeding 120 days.”

Statutory Notes and Related Subsidiaries

Effective Date

Section effective, with certain transitional provisions, on the first day of the first month beginning more than 180 days afterSept. 30, 1996, seesection 309 of Pub. L. 104–208, set out as an Effective Date of 1996 Amendments note undersection 1101 of this title.

Abolition of Immigration and Naturalization Service and Transfer of Functions

For abolition of Immigration andNaturalization Service, transfer of functions, and treatment of related references, see note set out undersection 1551 of this title.

CFR Title	Parts
8	1003, 1240

U.S. Code Toolbox

Law about... Articles from Wex

Table of Popular Names

Parallel Table of Authorities

How current is this?

Movatterモバイル変換

8 U.S. Code § 1229c - Voluntary departure

U.S. Code Toolbox