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U.S. Code as of:
01/03/05
Section 1229c. Voluntary departure
(a) Certain conditions
(1) In general
The Attorney General may permit an alien voluntarily to depart
the United States at the alien's own expense under this
subsection, in lieu of being subject to proceedings under section
1229a of this title or prior to the completion of such
proceedings, if the alien is not deportable under section
1227(a)(2)(A)(iii) or section 1227(a)(4)(B) of this title.
(2) Period
(A) In general
Subject to subparagraph (B), permission to depart voluntarily
under this subsection shall not be valid for a period exceeding
120 days.
(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
The Attorney General may require an alien permitted to depart
voluntarily under this subsection to post a voluntary departure
bond, to be surrendered upon proof that the alien has departed
the United States within the time specified.
(4) Treatment of aliens arriving in the United States
In the case of an alien who is arriving in the United States
and with respect to whom proceedings under section 1229a of this
title are (or would otherwise be) initiated at the time of such
alien's arrival, paragraph (1) shall not apply. Nothing in this
paragraph shall be construed as preventing such an alien from
withdrawing the application for admission in accordance with
section 1225(a)(4) of this title.
(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
Permission to depart voluntarily under this subsection shall
not be valid for a period exceeding 60 days.
(3) Bond
An alien permitted to depart voluntarily under this subsection
shall be required to post a voluntary departure bond, in an
amount necessary to ensure that the alien will depart, to be
surrendered upon proof that the alien has departed the United
States within the time specified.
(c) Aliens not eligible
The Attorney General shall not permit an alien to depart
voluntarily under this section if the alien was previously
permitted to so depart after having been found inadmissible under
section 1182(a)(6)(A) of this title.
(d) Civil penalty for failure to depart
If an alien is permitted to depart voluntarily under this section
and fails voluntarily to depart the United States within the time
period specified, the alien shall be subject to a civil penalty of
not less than $1,000 and not more than $5,000, and be ineligible
for a period of 10 years for any further relief under this section
and sections 1229b, 1255, 1258, and 1259 of this title. The order
permitting the alien to depart voluntarily shall inform the alien
of the penalties under this subsection.
(e) Additional conditions
The Attorney General may by regulation limit eligibility for
voluntary departure under this section for any class or classes of
aliens. No court may review any regulation issued under this
subsection.
(f) Judicial review
No court shall have jurisdiction over an appeal from denial of a
request for an order of voluntary departure under subsection (b) of
this section, nor shall any court order a stay of an alien's
removal pending consideration of any claim with respect to
voluntary departure.
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