Our client retained the Law Offices of Sabrina Li after receiving a Notice to Appear following the denial of his Form I-829 and referral to Immigration Court. Although facing removal proceedings, the client had an approved Form I-140 employment-based immigrant petition and a scheduled immigrant visa interview abroad.
Our firm strategically pursued pre-conclusion voluntary departure, allowing the client to depart the United States in an orderly and lawful manner and to continue the immigration process through consular processing. As a result of a carefully prepared and well-supported motion, the Immigration Judge granted voluntary departure within just two weeks of filing.
The client originally entered the United States as a conditional permanent resident based on an approved I-526 immigrant investor petition. After the Form I-829 petition to remove conditions was denied, the client continued to comply with immigration requirements and maintained consistent contact with USCIS while pursuing lawful alternative pathways.
In the years that followed, the client successfully obtained new employment-based immigrant petition approvals, including EB-2 and EB-3 classifications. By the time removal proceedings were initiated, the National Visa Center had completed processing the case and scheduled an immigrant visa interview at a U.S. consulate abroad.
Given this procedural posture, our office determined that pre-conclusion voluntary departure was the most effective strategy to protect the client’s long-term immigration prospects.
Our team filed a carefully prepared Motion for Voluntary Departure, presenting the client as fully eligible for pre-conclusion voluntary departure and committed to complying with all statutory and procedural requirements. The motion emphasized the client’s cooperation with the proceedings, readiness to depart the United States in an orderly manner, and intent to continue pursuing lawful immigration through consular processing.
Supported by affidavits and relevant documentary evidence, the motion was framed under INA § 240B(a) and demonstrated that granting voluntary departure would serve both judicial efficiency and the interests of fairness.
The Immigration Court granted the motion within two weeks of filing, providing sufficient time for the client to arrange departure and attend the scheduled immigrant visa interview.
By securing voluntary departure rather than a removal order, our firm helped the client avoid the severe immigration consequences associated with removal and preserved eligibility to lawfully return to the United States.
Voluntary Departure allows a person in immigration court to leave the United States on their own terms, rather than being formally ordered removed by a judge. By departing voluntarily within a set time frame, individuals can avoid many of the long-term immigration consequences that come with a removal order.
When handled correctly, Voluntary Departure can be a smart and strategic option, especially for those who already have approved immigrant petitions or plans to apply for a visa abroad. With proper legal guidance, it offers a way to close a court case while protecting future immigration opportunities and maintaining a path to lawful return.
This case highlights the importance of creative, forward-thinking strategy in removal proceedings. Voluntary departure, when used correctly, can be a powerful tool to protect a client’s long-term immigration goals. At the Law Offices of Sabrina Li, we carefully evaluate every option and move decisively to secure the best possible outcome, even in high-stakes removal cases.
If you or someone you know has been affected by a similar situation, contact the Law Offices of Sabrina Li at (213) 375-8096 or email us at info@sabrinali.law. Our experienced immigration team is ready to fight for your right to a fair hearing and a second chance at relief.
Our attorneys possess diverse immigration experience and have an in-depth understanding of the complex interplay between various immigration laws, policies, and regulations, ensuring accurate and comprehensive guidance. We offer a full range of immigration services, addressing all aspects of your case while identifying potential opportunities and challenges.
We provide a tailored approach to each client's case, ensuring that you receive individualized attention and a customized strategy for your unique situation. We adjust our strategy as your needs or circumstances change, guaranteeing a seamless transition between different phases of your immigration journey.
Our team is composed of immigrant and first-generation American professionals, along with individuals from various cultural backgrounds. Many of us have firsthand knowledge of the challenges faced during the immigration process. This allows us to provide guidance and advocacy rooted in authentic understanding.
