How to apply for voluntary departure?

[owlboxes 10]

Hi! I'm so sorry if this is in the wrong spot, I wasn't sure where else to put it!

 

I received my notice to appear because of an overstay a few months back. My master calendar hearing was meant to be in February but was pushed back to August. I haven't gotten any further information regarding whether or not COVID has affected that date, which is mid-August, so I have not yet seen a judge.

 

Unfortunately, due to COVID, I am on furlough from my job, and due to my overstay of more than one year, I am not eligible for unemployment, nor can I find another job. I came down on a K1 visa but my husband and I are now separated, so there is little reason for me to stay in the US. I'm already aware of the 10-year ban that I will face, but with little to no income, I have very few options left, and am planning to leave the US and return home to Canada in the coming weeks.

 

I still want to follow the proper channels for doing so. I'm trying to figure out how to contact DHS to let them know that I want to apply for voluntary departure/that I'm leaving the country prior to the date of my hearing, but I can't seem to find any useful information online for how to apply for it without seeing the judge first. I will not be able to afford rent in August, so staying until my mid-August court date is out of the question!

 

If anyone has applied for voluntary departure before their hearing before, how did you do it?

[Allaboutwaiting 2,500]

I have no experience regarding this matter but searched on it once I read your post. 

 

Unfortunately, I didn't find anything on how to contact DHS. The few texts I found, say literally that you can tell an immigration officer that you want to request voluntary departure. It seems this option at stage 1 -prior hearings- is given to those who are in detention, awaiting for their court appointment.

 

The only thing I can think of is you going to the nearest POE and make the request to a CBP officer.

Edited July 1, 2020 by Allaboutwaiting

[D P 1]

I found info that might direct you to somewhere:

 

https://www.justice.gov/sites/default/files/eoir/legacy/2013/01/22/Voluntary Departure - English (13).pdf

It's a not-official and old document, read around page 10 or so (Stage one before court as stated by @Allaboutwaiting)

 

https://hn.usembassy.gov/voluntary-departures/

This for my country (Honduras), it seems you need to do something else at a US Consulate in Canada after returning. Could't find anything similar for Canada

 

https://www.dhs.gov/direct-contact-information

I guess you can try contacting the HQ or any of the "DHS Components" and enquire 

[Boiler 43,851]

You just leave, no need to apply for anything.

[owlboxes 10]

See, that's the only document that I can find that's even remotely useful, but it doesn't give an awful lot of detail about how to actually go about letting them know. I'm going to try to call tomorrow and get some information. Absolute worst case, I figure I'll just go ahead with my plans to leave and then notify them that I've left the country via a change of address form. I'm just curious if other people have managed to ask for it prior to their meeting with the judge. I know at this point it won't do much to negate the ten-year ban, but I figure leaving on good behavior is better than just outright skipping out on the court date - I don't want my husband or my roommates to be harassed by ICE if they come to my old addresses looking for me!

[Lemonslice 4,632]

It seems you entered the USA in 2014, did you ever adjust status and get a green card, and never did the removal of conditions?

Or you never received a green card?

 

Best of luck.

 

[owlboxes 10]

2 minutes ago, Lemonslice said:

It seems you entered the USA in 2014, did you ever adjust status and get a green card, and never did the removal of conditions?

Or you never received a green card?

 

Best of luck.

 

I did adjust status and got my green card but missed the date for removal of conditions. We were moving at the time and some things were going on with family and it just entirely slipped my mind. At this point, it's likely much too late to fix it, and honestly, with the situation in the US as it currently is, it's probably for the best that I'm going home.

[Lemonslice 4,632]

10 minutes ago, owlboxes said:

I did adjust status and got my green card but missed the date for removal of conditions. We were moving at the time and some things were going on with family and it just entirely slipped my mind. At this point, it's likely much too late to fix it, and honestly, with the situation in the US as it currently is, it's probably for the best that I'm going home.

I just wanted you to know that if you wanted to stay, it is possible. I do understand going back home might be the best for you.  

 

 

[Alexmat1 9]

On 7/1/2020 at 3:44 AM, Lemonslice said:

I just wanted you to know that if you wanted to stay, it is possible. I do understand going back home might be the best for you.  

 

 

If you are divorced, there is no time limit. if you want you can still apply. since you are umemployed you might qualify for fee waiver. get the Extension letter, get the stamp and then you can travel to canada though its better to remain in US or make a quick visit to canada and be back.

Get your green card and then you can freely move after that. That is if you are still interested in an option to stay in the US.