Q: Mypartner is an undocumented immigrant living in the US and coming to live in the UK. How can she get voluntarydeparture

A: A person who accrues one year or more of unlawful presence during a single stay is barred from the US for 10 years after departing

A: If your partner, an undocumented immigrant in the U.S., wishes to leave voluntarily to move to the UK, there are steps to consider for a safe and legal departure. Voluntary departure allows an individual to leave the U.S. at their own expense within a specific time frame, avoiding some of the legal consequences of deportation.

First, your partner should consult with an immigration attorney to understand the specific circumstances of their case. An attorney can provide guidance on how to apply for voluntary departure and the implications it may have on future immigration or travel.

The process typically involves filing a request with the U.S. Immigration and Customs Enforcement (ICE) or, if in immigration court proceedings, requesting it from an immigration judge. Voluntary departure must be granted by the authorities; it is not an automatic right.

It’s important to note that voluntary departure requires your partner to leave the U.S. within a set period, usually 60 to 120 days. Failing to leave within this period can result in fines and a ten-year bar from reentering the U.S.

Keep in mind that the history of your partner's stay in the U.S., including the length of the undocumented period and any previous immigration proceedings, may affect their eligibility for voluntary departure and any future U.S. visa applications.

Ensuring all necessary arrangements for departure, including travel and financial considerations, is crucial. It’s important to adhere strictly to the terms set by the authorities to avoid further complications.