Comprehensive Overview of Immigration Law (COIL) Practice Exam

What must Gloria do to qualify for voluntary departure?

1. File for asylum first

2. Request it at the start of her removal proceedings

3. Wait until the conclusion of her hearings

4. Demonstrate ten years of physical presence

The correct answer is: Request it at the start of her removal proceedings

To qualify for voluntary departure, a person must request it at the onset of their removal proceedings. This is a critical step because voluntary departure is designed to allow individuals to leave the country without a formal order of removal, thereby avoiding the negative consequences associated with a deportation order. Asking for voluntary departure at the beginning of the removal proceedings ensures that the request is considered before the court makes any decisions regarding the individual's immigration status. This proactive approach allows the immigration judge to take the request into account as the case progresses. Other actions, such as filing for asylum or demonstrating a lengthy physical presence, may be relevant in other contexts but do not specifically fulfill the requirement to timely request voluntary departure. The timing of the request is crucial; waiting until the conclusion of the hearings is not permissible, as it can undermine the opportunity for the judge to grant voluntary departure.