Voluntary Departure question

Hi All

First thankful to all of you who run and contribute to this forum. This is a great and unique resource.

I have a qs for a friend who has this situation -
- Came in 1993, when he was 14, with his family.
- Family's asylum application was rejected in 1995/96.
- Family applied for voluntary departure in 2000, when he was 22.
- Rest of the family has left (not as per the terms though but later than that), but He is still working here waiting on Dream Act to come to the rescue.
- I have read the 5/6 qualifications to be eligible for Dream act and he is qualified.

Could someone pls let know if his not leaving as per the voluntary departure terms would stand in the way to his qualifying for Dream Act? And if so, any recourse and adjustments expected in the act in that regards in future.

Thanks so much

Any help on this please.

Sorry to hear about your friend's situation.

I am afraid that once you sign for voluntary departure, by law, your friend is supposed to leave the country. If not, he is a fugitive and it counts against him. I believe ignoring a deportation order makes you a felon and thus cannot be eligible for any kind of immigration relief.

It is highly unlikely that the bill will include language for people who have ignored deportation orders or voluntary departure, to answer your second question.

how does voluntary departure work?

When one requests voluntary departure, you are essentially self deporting without having to de deported by ICE. Once you come back, the ten year ban will occur when you try to apply at the US embassy for a visa in your home country.

Thanks much for your clarification.

I believe I would get a second opinion from a lawyer - to make a firm opinion on this.

He might have no future here if this turns out to be that way.

so let me get this straight if you decide to leave on your own you can do so and not go to jail or have to deal with the ten year ban? or is the ban always gonna be there.

The ban will trigger once you try to apply to come back.

So you can never apply to come back?