Voluntary Departure and Withholding of Deportation

Voluntary Departure

Definition

Voluntary Departure describes two groups of noncitizens:

Noncitizens waiting for a Visa who have been granted “Voluntary Departure” (permission to leave at a later time) until the Visa is ready, or
Under the Family Unity program (IRCA), the spouse and children of the amnesty alien who have been granted a “temporary stay of deportation.”

Rule

“Voluntary Departure” or “Stay of Deportation” for a period of one year or more meets the definition of PRUCOL. Family Unity persons are sometimes given a letter of “Voluntary Departure” for a two-year period of time. Persons granted “Voluntary Departure” or “Stay of Deportation” for less than one (1) year are considered to be ineligible noncitizens.

Documents

Persons granted “Voluntary Departure” or “Stay of Deportation” may have any one of the following:

I-94
I-210
I-688B
I-797

Withholding of Deportation/Cancellation of Removal

Definition

Withholding of Deportation (or Cancellation of Removal) is a status granted to a noncitizen who proves he or she would be persecuted if returned to his or her country. Unlike refugee/asylum status, withholding of deportation does not lead to a granting of permanent residence. The 1996 immigration law changed the name of this status to Cancellation of Removal for those granted status after that law went into effect.

Rule

Persons with “Withholding of Deportation/Cancellation of Removal” are qualified aliens and are eligible for federal/state public benefits.

Documents

Persons with “Withholding of Deportation/Cancellation of Removal” may have one of the following documents:

I-688B
I-766
Order from an immigration judge showing deportation withheld or cancellation of removal

Voluntary Departure and Withholding of Deportation