New Rules for Voluntary Departures
December 23, 2008 by Thomas Esparza
Filed under Attorneys
AMERICAN IMMIGRATION LAW FOUNDATION
VOLUNTARY DEPARTURE RULE Q&A
Overview
On December 18, 2008, the Executive Office for Immigration Review (EOIR) issued a final rule
on voluntary departure, “Voluntary Departure: Effect of a Motion to Reopen or Reconsider or a
Petition for Review.” The rule, which goes into effect on January 20, 2009, addresses various
aspects of voluntary departure, including the relationships between voluntary departure and
motions to reopen and reconsider and petitions for review in the circuit court. These issues have
been the subject of extensive litigation in the federal courts. Among other things, this rule:
• specifies that voluntary departure terminates upon the filing of a motion to reopen or reconsider
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• specifies that voluntary departure terminates upon the filing of a petition for review
• requires immigration judges and the Board of Immigration Appeals (BIA) to provide notice about the obligations and conditions of voluntary departure and of filing a motions or petition for review
• requires individuals granted voluntary departure to provide proof to the BIA of payment of the voluntary departure bond if a case is appealed
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New Addresses for Citizenship Applications
December 23, 2008 by Thomas Esparza
Filed under Attorneys
BLLING CODE: 9111-97
DEPARTMENT OF HOMELAND SECURITY
U.S. Citizenship and Immigration Services
[CIS No. 2457-08; DHS Docket No. USCIS-2008-0036]
RIN 1615-ZA74
Revision to Direct Mail Program for Submitting Form N-400,
Application for Naturalization, Implementation of Program
AGENCY: U.S. Citizenship and Immigration Services, DHS.
ACTION: Notice.
SUMMARY: U.S. Citizenship and Immigration Services (USCIS) is revising its Direct Mail Program so that certain filings of Form N-400, Application for Naturalization, will now be filed at a designated lockbox facility instead of a USCIS Service Center. Furthermore, if you are the spouse of a current member of the Armed Forces, this notice instructs you to now file your Form N-400 at the Nebraska Service Center (NSC), whether you are filing from within the U.S. or abroad. This notice does not change the filing location for Forms N-400 filed by members or certain veterans of the Armed Forces who are eligible to apply for naturalization under sections 328 or 329 of the Immigration and Nationality Act (the Act). All naturalization applicants filing under the military provisions, sections 328 or 329 of the Act, should file their application at the NSC regardless of geographic location.
