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  • Voluntary Departure

    HI -
    My asylum application denied by the immigration office in 1999, and I appealed the decision to the BIA and the BIA summarily dismissied the case without giving any opinion. And then I appealed the federal court of appeals last year.
    The federal court denied the case for review.
    Finally I got a letter from the INS (detention office) to appearl in 2 weeks time. I was given a voluntary departure for 60 days by INS judge.
    The BIA gave a voluntary departure for 30 days.
    Can I apply for any extension of the voluntary deaparture? What is the consquences of not showing at the detention center?

  • #2
    HI -
    My asylum application denied by the immigration office in 1999, and I appealed the decision to the BIA and the BIA summarily dismissied the case without giving any opinion. And then I appealed the federal court of appeals last year.
    The federal court denied the case for review.
    Finally I got a letter from the INS (detention office) to appearl in 2 weeks time. I was given a voluntary departure for 60 days by INS judge.
    The BIA gave a voluntary departure for 30 days.
    Can I apply for any extension of the voluntary deaparture? What is the consquences of not showing at the detention center?

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    • #3
      no extensions.

      Comment


      • #4
        If you do not show up at the immigration office/detention center, a warrant for your arrest will be issued. They will start to look for you at your last known address and/or place of work, and then go from there. Once they find you they will place you in a jail or prison or correctional facility at which point they will try to secure your travel documents. Once the travel documents are in order, they will deport you to your country of citizenship. If traveling documents are not there, they will ask you to sign a form or two that will help them in obtaining your travel documents. You do have the option of refusing to sign, but then they could press charges under INA 243(b). (I have never really found what INA 243(b) says, however) If your country does not accept you back and does not aide in obtaining your travel documents you will be held until you either file a 1) habeas petition and win it 2) you have a 90-day or 6 month review that is approved. If you have another way to adjust your status (marriage or cancellation of removal) that allows you to reopen your case or remand your case back to the immigration judge, you should see a lawyer immediately to do so. Also if you do not leave voluntarily and they deport you, when you leave the country the three or ten year bar from the US will take effect; whereas if you leave voluntarily, you may not have this bar. All in all, I strongly suggest you either leave voluntarily or try to reopen your case. Otherwise you will be facing jail time and a ban from the U.S.

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        • #5
          The 3 and 10 year bars are for over-stay/removable issues. A forcable removal order after a denied aos will consequent an inadmissiablility bar of 20 yrs.!

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