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An alien who would otherwise be subject to removal may be granted relief in the form of an opportunity to depart voluntarily from the United States. Voluntary departure requires the alien to leave the United States within a specified period of time, but doing so is not considered a removal, but rather is in lieu of removal, and therefore the alien is not subjected to the severe consequences of departure under a removal order. When other forms of relief, such as cancellation of removal, are unavailable, voluntary departure in lieu of removal may be advantageous.
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The term "refugee" is defined in Section 101(a)(42) of the INA as one who is unable or unwilling to return to his or her country of nationality, or the country where he or she last habitually resided, on account of persecution or a well-founded fear of persecution based on race, religion, nationality, membership in a particular social group, or political opinion.
Section 601 of the 1996 Act has added to that definition a person "who has been forced to abort a pregnancy or to undergo involuntary sterilization, or who has been persecuted for failure or refusal to undergo such a procedure or for other resistance to a coercive population control program . . . ."
The Attorney General must submit a report within three months of the end of each fiscal year on the number and countries of origin of aliens granted refugee status or asylum under this amendment. The report must also contain projections regarding the number and countries of origin of such aliens that are likely to be granted refugee status or asylum for the subsequent two fiscal years.
Effective immediately, no more than 1,000 such refugees may be admitted to the United States or granted asylum under Section 208 of the INA in any fiscal year. Section 207(a)(5) of the INA, as added by Section 601(b) of the 1996 Act. Under the 1996 Act, as under existing law, any alien who is physically present in the United States or who arrives in the United States, regardless of his or her status, may apply for asylum. Pursuant to INA Section 208, which was replaced in its entirety by Section 604 of the 1996 Act and which applies to asylum applications filed on or after April 1, 1997, three exceptions have been created which would bar an alien from applying for asylum. Safe Third Country Application within one year of arrival No further applications after a denial
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