Voluntary Departure

Voluntary Departure permits you to exit the U.S. at your own cost within a designated timeframe to prevent a deportation order.

Choosing voluntary departure is advantageous compared to a removal order. A removal order can lead to a ten-year ban on reentry and potential civil or criminal penalties for unauthorized entry. In contrast, those who leave voluntarily within the court’s timeline won’t face a reentry ban and can apply for immigration benefits sooner.

Individuals can request voluntary departure either before their Master Calendar Hearing (MCH) or at the end of proceedings, as long as they meet the necessary criteria. However, failing to comply with a voluntary departure order can lead to serious consequences.

Do You Meet the Requirements for Voluntary Departure?

To qualify for pre-conclusion Voluntary Departure (before the hearing), you must:

• Request Voluntary Departure by the day your case is set for a final hearing regarding your application to remain in the U.S.
• Acknowledge that you are not legally present in the U.S.
• Withdraw any applications to remain in the U.S.
• Demonstrate your intention and ability to leave the U.S.
• Show that you have been a person of good character.

To qualify for post-conclusion Voluntary Departure (after your hearing), you must:

• Prove you have been in the U.S. for at least one year prior to receiving your Notice to Appear from the government.
• Pay a bond.
• Demonstrate your intention and ability to leave the U.S.
• Prove that you have maintained a good character for at least five years.

Benefits of Voluntary Departure

With the Voluntary Departure you do not have a deportation order on your immigration record. A deportation order may prevent you from coming to the U.S. for up to ten years or make you ineligible for certain immigration benefits. By choosing Voluntary Departure, you could return to the U.S. much sooner.

Additionally, there are more options for you to lawfully re-enter the U.S. if you opt for Voluntary Departure. You might be able to apply for a visa to return from your home country, or family members in the U.S. could request that the government permit your legal entry. Some of these opportunities may not be available if a deportation order is on your record.

Conclusion

Voluntary departure can be valuable choice for individuals facing removal from the U.S., allowing them to leave on their own terms and avoid the long-term consequences of a deportation order. By opting for this route, individuals may preserve their eligibility for future immigration benefits and potentially return to the U.S. sooner. However, it’s important to weigh the advantages against the risks, as failing to comply with the departure order can lead to serious penalties. Understanding the requirements and implications is essential for making an informed decision about whether voluntary departure is the right choice for your situation.

You must depart from the United States voluntarily and at your own expense. If you do not leave the U.S. within the allotted time, you may face serious repercussions, including fines and penalties that could hinder your ability to return to the U.S. in the future.

At McFarling Cohen Fic & Squires an attorney can help you navigate the complexities of immigration law, ensure that you meet all requirements, and guide you through the application process.  Having legal support can significantly increase your chances of a successful outcome.