8 USC 1229c - Voluntary departure

U.S Code last checked for updates: Apr 26, 2024

§ 1229c.

Voluntary departure

(a)

Certain conditions

(1)

In general

(2)

Period

(A)

In general

(B)

Three-year pilot program waiver

During the period October 1, 2000, through September 30, 2003, and subject to subparagraphs (C) and (D)(ii), the Attorney General may, in the discretion of the Attorney General for humanitarian purposes, waive application of subparagraph (A) in the case of an alien—

(i)

who was admitted to the United States as a nonimmigrant visitor (described in section 1101(a)(15)(B) of this title) under the provisions of the visa waiver pilot program established pursuant to section 1187 of this title, seeks the waiver for the purpose of continuing to receive medical treatment in the United States from 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 the alien will be required to remain in the United States;

(II)

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

(III)

evidence of financial ability to support the alien’s day-to-day expenses while in the United States (including the expenses of any family member described in clause (ii)) and evidence that any such alien or 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 principal alien described in clause (i); and

(II)

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

(C)

Waiver limitations

(i)

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

(ii)

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

(iii)

(I)

Except as provided in subclause (II), in the case of each principal alien 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 principal alien 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 to Congress; suspension of waiver authority

(i)

Not later than March 30 of each year, the Commissioner shall submit to the Congress 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 the Attorney 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

(4)

Treatment of aliens arriving in the United States

(b)

At conclusion of proceedings

(1)

In general

The Attorney General may permit an alien voluntarily to depart the United States at the alien’s own expense if, at the conclusion of a proceeding under section 1229a of this title, the immigration judge enters an order granting voluntary departure in lieu of removal and finds that—

(A)

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

(B)

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

(C)

the alien is not deportable under section 1227(a)(2)(A)(iii) or section 1227(a)(4) of this title; and

(D)

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

(2)

Period

(3)

Bond

(c)

Aliens not eligible

(d)

Civil penalty for failure to depart

(1)

In general

Subject to paragraph (2), if an alien is permitted to depart voluntarily under this section and voluntarily fails to depart the United 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 sections 1229b, 1255, 1258, and 1259 of this title.

(2)

Application of VAWA protections

(3)

Notice of penalties

(e)

Additional conditions

(f)

Judicial review

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

cite as: 8 USC 1229c