My neighbor is being deported to Africa. He had a illegal US passport. He is not fighting the Deportation. Can he get voluntary departure? What he can bring with him in the travel? Can the family say goodbye before leaving? How quick he can go? His family bought a ticket for a day after the court hearing since his mother is in life support in Africa. THANKS
State/Country relating to question: California
Good evening! Thank you for the opportunity to address your question.
He may ask for voluntary departure, but the challenge is that it will remain as part of his Immigration record and will not disappear after he leaves the U.S. There can be many questions targeted at him should he somehow ever be allowed to return to the U.S.
He may leave as soon as the necessary flight documents have been prepared by ICE (Immigration Customs and Enforcement).
He may ask for time to say his goodbyes to the family; this is a matter of discretion. What that means is that it will be up to the authorities whether or for how long to allow him to do so.
It is important for him to accurately explain his situation to the judge and to ask for time to say his goodbyes. He may leave as soon as DHS/ICE has his documents.
I pray for his well-being, safe travels, and his mother's health.
If satisfied, kindly click ACCEPT and comment about your positive experience. I am happy to answer any additional questions at ZERO charge.
IMPORTANT: The information you have been provided is general in nature and should not be construed as legal counsel or one creating an attorney-client relationship. Said information is for your general knowledge and research use ONLY and you have paid a fee ONLY for that purpose. Since you agree that none of this information constitutes legal advice, you agree not to rely on its content, but to obtain the appropriate legal counsel by way of a traditional office consultation with a licensed attorney in your jurisdiction. No claims, promises or guarantees is hereby made about the accuracy, completeness, or adequacy of the information contained herein or related sites. Your participation in this dialogue has irrevocably waived any right to privacy, confidentiality and attorney-client privilege concerning the issues discussed in this public venue.
Hi: what travel documents? he has a passport from his country. Also, will he be handcuffed on the plane, how it works with his personal belongings? Please let us know. What he need to prove in order to have voluntary departure? thanks
Experienced. Knowledgeable. Responsive.
DHS/ICE needs some time to arrange for his departure; that is what I meant by travel documents. He will not be handcuffed on the plane; if he is, then that will be the first time I will have heard of it. As for what you need in order to obtain voluntary departure, you need to be able to show that he has some unfinished business in the U.S. and that as soon as that is taken care of he will leave the country, e.g. saying goodbyes, selling car, quitting job, closing bank accounts, etc. So, anything that constitutes "unfinished business" should be brought to the attention of the authorities, including his gravely ill mother which proves that he will leave the U.S. Best of luck!
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).