Voluntary Departure
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  • If you take VD – you can re-enter the United States providing you have the requisite non-immigrant visa or immigrant visa along with the appropriate waiver.
  • If you are granted VD and don’t leave, then the voluntary departure order automatically turns into a removal order and therefore barred from re-entering the U.S. for 10 years along with being ineligible for COR, VD or adjustment of status/change of status.
  • Pursuant to 8 C.F.R. § 1240.26(c)(3) (2010), an Immigration Judge who grants an alien voluntary departure must advise the alien that proof of posting of a bond with the Department of Homeland Security must be submitted to the Board of Immigration Appeals within 30 days of filing an appeal and that the Board will not reinstate a period of voluntary departure in its final order unless the alien has timely submitted sufficient proof that the required bond has been posted.
  • Those with further questions are welcome to consult with an attorney at the law offices of Caro Kinsella to obtain advice on this important document.

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