Voluntary Departure and Withholding of Deportation

Voluntary Departure

Voluntary departure is a form of relief that the USCIS offers to some deportable noncitizens prior to the commencement of deportation or removal proceedings. An individual granted voluntary departure agrees to leave the U.S. by a designated date. Individuals who comply with this agreement and depart the country prior to the designated date avoid having an order of deportation or removal entered against them. Individuals granted voluntary departure or stay of deportation for less than one year are considered to be ineligible noncitizens.

Withholding of Deportation/Cancellation of Removal

“Withholding of Deportation/Cancellation of Removal” is a status available in Removal Proceedings that prohibits the USCIS from returning an individual to a country where his or her life or freedom would be endangered. This status is similar to, but separate from, Asylum. The same defense in Deportation Proceedings is known as withholding of deportation. Individuals granted withholding may be deported to a third country if the country will accept them, but they cannot be returned to their home country.

Individuals with “Withholding of Deportation/Cancellation of Removal” are qualified Noncitizens. A Judge may order deportation or removal withheld subject to either of these INA codes, 243 (h) or 241(b)(3). The date of order is also required for verification.

Related Topics

Non-numbered Immigration Forms

Numbered Immigration Forms