Voluntary departure is when a noncitizen asks to leave the United States by a certain date and thus avoid deportation. In some scenarios, this is the best response to a removal order. Of course, there are both advantages and disadvantages to this option, and voluntary departure does not make sense if you have a strong reason to apply for lawful status. Here is an overview of what voluntary departure could mean, but to find out if this option is best for you, don't wait to talk to an immigration lawyer today.
Who can apply for a grant of voluntary departure?
It depends on when you apply, but generally speaking, you cannot have an aggravated felony on your conviction record or be perceived as a public safety threat. And if you ask for voluntary departure at the close of a deportation hearing, you have to fulfill additional requirements, such as being able to afford bond and your own ticket out of the country, for example.
What are some reasons to choose voluntary departure?
For one thing, voluntary departure is not as severe as deportation. For one thing, if someone is removed from the country, they can be inadmissible to return for three to ten years, if not longer. But if you are granted voluntary departure, not only might you be able to legally return to the United States before three years have passed, but you will also have 60 to 120 more days to stay in the country. This means that before you leave, you could take care of any bank accounts, rental agreements, future plans, etc., and you could spend more time with relatives and friends. Plus, when you leave the country, you get to do so on your own terms, instead of under a court's set conditions, accompanied by immigration officials.
What are some of the disadvantages of voluntary departure?
If you do not leave the country in time, you could face the consequences of deportation, such as a ten-year bar from returning to the country. And if you do leave on time, you could still face a time bar anyway if you were unlawfully present in the U.S. for more than 180 days. However, there is a waiver for unlawful presence, and if your waiver is accepted, you could be admitted back to the U.S. with a visa or green card.
Timing is everything! If you think voluntary departure might be a good option for you, you have to time your application well. You should talk to an immigration lawyer immediately to find out if you might qualify for voluntary departure. Also, you should find out if you have powerful defenses against removal or deportation, which would mean you don't need to ask for voluntary departure. Before making any such major decisions, be sure to consult an immigration attorney as soon as possible to learn about your rights and options.