Helping a Child Leave the United States

Friday, October 08, 2010 | 

Written by Megan Mckenna

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Theodore McCombs was a first year attorney when he took his first case with KIND. He opted for a case involving a boy from El Salvador who wanted to leave the United States - and take what's called voluntary departure. "I hadn't been in any court before, certainly not an immigration court," McCombs said. "It seemed like a good case to start off my work with KIND since it was fairly straightforward."

The boy, Alejandro* who was 15 years old, had come to the United States alone eight months previously. Originally, he was going to cross the border with his mother, who was in Mexico at the time. She, however, decided to stay in Mexico so Alejandro crossed alone. He was taken into custody by U.S. officials and released to the care of his father, who had come to the U.S. some time earlier.

The boy decided that he wanted to go back to Mexico to be with his mother and to not argue his case before an immigration judge. "We explained to Alejandro that if he chose voluntary departure, he was giving up his right to apply for other forms of relief, such as asylum, and that he would have to leave the United States," McCombs said. "Alejandro said he was fine with that. He really wanted to be with his mother." The boy left for Mexico and was happily reunited with his mother.

"While voluntary departure cases can be difficult," says Executive Director Wendy Young, "they are just as vital as helping children present a claim for U.S. protection; it is at times in the child's best interests to return to her or his home country - if they can do so safely with hope that they may enjoy their childhood and prepare for the future."

"I'm glad I took voluntary departure as my first case with KIND," McCombs said. "I helped a child and learned about immigration law, but the case wasn't too complex. I've since taken an asylum case with KIND that is certainly more complicated, but also very rewarding. I would be happy to take another voluntary departure case one day."

*not his real name