
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 8USC1229c]

 
                     TITLE 8--ALIENS AND NATIONALITY
 
                 CHAPTER 12--IMMIGRATION AND NATIONALITY
 
                       SUBCHAPTER II--IMMIGRATION
 
 Part IV--Inspection, Apprehension, Examination, Exclusion, and Removal
 
Sec. 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.

(June 27, 1952, ch. 477, title II, ch. 4, Sec. 240B, as added Pub. L. 
104-208, div. C, title III, Sec. 304(a)(3), Sept. 30, 1996, 110 Stat. 
3009-596; amended Pub. L. 106-406, Sec. 2, Nov. 1, 2000, 114 Stat. 
1755.)


                               Amendments

    2000--Subsec. (a)(2). Pub. L. 106-406 amended heading and text of 
par. (2) generally. Prior to amendment, text read as follows: 
``Permission to depart voluntarily under this subsection shall not be 
valid for a period exceeding 120 days.''


                             Effective Date

    Section effective, with certain transitional provisions, on the 
first day of the first month beginning more than 180 days after Sept. 
30, 1996, see section 309 of Pub. L. 104-208, set out as an Effective 
Date of 1996 Amendments note under section 1101 of this title.

                  Section Referred to in Other Sections

    This section is referred to in sections 1229a, 1231, 1252, 1330 of 
this title; title 18 section 4113.
