The following are summaries of different types of Immigration relief from removal that are discretionary, and is not intended to serve as the substitute from seeking the advice of a competent immigration lawyer, such as the attorneys at Hilf & Hilf, PLC.
If during Immigration proceedings an alien is found to be removable, he or she can request different forms of discretionary relief. The alien has the burden of proving that he or she is eligible to receive the requested form of relief under United States law, and that a hearing officer or Immigration Judge should exercise his or her discretion to grant the requested relief.
Voluntary Departure – Voluntary departure is different from simply leaving the United States. One way of receiving voluntary departure is to make an agreement with Immigration and Customs Enforcement (ICE) prior to removal proceedings. A second option for voluntary departure involves going to the Court and requesting voluntary departure. The Court request can be made at anytime during the deportation proceedings. If the Court grants the relief, the alien is asked: to confirm that this is what he or she wants to do; if the alien has any arrests and criminal convictions;whether previously the alien has been removed before or voluntarily departed before; whether or not the alien has a passport; whether or not the alien has the financial ability to pay for transportation from the United States; the date that the departure will occur (it has to be within 120 days). Voluntary departure will not be granted to person that are deportable as an aggravated felon or as a terrorist.