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When does my presence in the United States starts to count as unlawful presence once the judge grants voluntary departure?
0 Comments | Posted by Harsharn Makkar in Deportation
Once the judge issues the voluntary departure order, you have 90 days from the date of the order to depart the United States. The time incurred between the voluntary departure date and the date you choose to depart does not count towards your unlawful presence. It is advisable though to depart before that period runs out because if you do not leave within 90 days, you will accrue unlawful presence and that unlawful presence will bar you from returning to the United States in the future.
Please note if you want to remain in the United States because you are seeking review from the BIA of the removal order, voluntary departure period will not run while the BIA appeal is pending. However, that is not the case if you appeal to the court of appeals. As you know with anything else, these rules may change. Thus, it is imperative to consult an immigration attorney before forming a decision.
