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Voluntary Departure

Open Lesson·Legal English Grammar · 5 roles
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Immigration Law · Lesson 14

Voluntary Departure

這一課問的是:P 是否符合自願離境(替代逐出令)之要件?

ActorActObjectStandardConsequence

Core Terminology · 7 must-know

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voluntary departure
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Permission to depart at own expense, avoiding formal removal order.
自願離境。
§ 240B(a)
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Pre-conclusion VD — up to 120 days.
§ 240B(a) 結論前。
§ 240B(b)
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Post-conclusion VD — up to 60 days; requires 1 year presence + GMC + bond.
§ 240B(b) 結論後。
benefit
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Avoids 5-/10-year reentry bar for removal orders.
益處:避免回禁。
failure to depart
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Civil penalty + 10-year ineligibility for relief.
未離境罰則。

Rule Sentence · the workhorse

Voluntary departure under INA § 240B allows a non-citizen to depart the US at his own expense within a specified period — avoiding the formal removal order's collateral bars; pre-conclusion VD (§ 240B(a)) requires no specific eligibility criteria, while post-conclusion VD (§ 240B(b)) requires 1+ year of physical presence, good moral character, and posting of bond.

Mini IRAC · build the Application

Issue. Does P qualify for post-conclusion voluntary departure when she has been in US 5 years with no criminal record?
Rule. Post-conclusion voluntary departure under § 240B(b) requires 1+ year continuous physical presence, good moral character, and posting of bond.
Application (model). P has 5 years presence (exceeds 1-year requirement), no criminal record (suggesting GMC), and can post bond. Because § 240B(b) requires these three elements, the fact that P meets all three means P qualifies for post-conclusion VD.
Pick the right element for each blank:
g1.
g2.
Conclusion. Therefore, P qualifies for post-conclusion voluntary departure.

Practice Drill · tap to build the rule

Drop the chips here in correct order:
Tap chips to add → tap chips in the target to remove:

Lesson 14 complete

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