Voluntary departure in the Immigration and Nationality Act (INA) of the United States is a legal remedy available to certain aliens who have been placed in removal proceedings by the former U.S. Immigration and Naturalization Service (INS) or the now Department of Homeland Security (DHS).[1]
There is a related process called voluntary return or, in more formal parlance, administrative voluntary departure. This refers to a case where an alien is stopped from entering at a land border (by United States Border Patrol) and agrees to voluntarily return instead of undergoing expedited removal. A key difference between voluntary departure and voluntary return is that in the case of voluntary return, the alien never enters the United States, and therefore accrues no unlawful presence. The time between the alien arriving at the port and agreeing to return voluntarily can vary between a few hours and a few days, and throughout that duration the alien is under the supervision of either U.S. Customs and Border Protection or the carrier. Nonetheless, a number of commentators use the term voluntary return to refer to both voluntary departure and voluntary return. To add to the confusion, the U.S. Immigration and Customs Enforcement (ICE) uses the term "return" when reporting the number of voluntary departures.[2]
Voluntary departure should also not be confused with withdrawal of application for admission, that occurs when an Arriving Alien who would be denied entry at a port of entry or deferred inspection site is asked to withdraw his or her application instead of receiving an order of removal.
The term voluntary departure is also used in immigration enforcement in other countries, such as the United Kingdom, with a broadly similar meaning.[3] However, the precise meaning and details surrounding the term differ significantly by country. This page is specifically about voluntary departure in the United States context.
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