A person may be spared from removal / deportation by voluntarily leaving the United States. Voluntary departure must be granted by a judge and requires that the person leave the United States within a specified period of time. Why Would I Agree to Voluntarily Depart?
By agreeing to depart the United States, rather than being removed by immigration authorities, you will not be subjected to the severe consequences under a removal order. In fact, if you are facing removal, and you voluntarily depart, your record will have no indication that you faced removal. If you are removed from the country: - Your chances of ever returning to the United States are significantly reduced
- You cannot apply to return to the United States for at least ten years
Should I Attend My Removal Proceeding if I Plan on Departing Voluntarily?
If after receiving notice of a removal hearing, you fail to appear, you may be ordered removed despite your absence from the proceeding. Although you already left the United States, your immigration record will have the removal on it and you will be barred from ever reentering the United States. When Will Voluntary Departure Be Granted?
A judge will have to grant your voluntary departure. A voluntary departure may be granted at different times. These include: - Prior to commencement of removal hearing
- Prior to completion of removal hearing
- After final removal order was entered
Who Will Not Be Granted Voluntary Departure?
The granting of voluntary departure is based on each individual’s situation. However, the following persons are prohibited from using voluntary departure: - Persons who were previously permitted to voluntarily depart
- Persons who were orally advised of their removal hearing and failed to appear
What if I Fail to Depart after Being Granted Voluntary Departure?
If you fail to depart after being granted voluntary departure, you may be fined $5,000 and not be able to change your removal order or change your immigration status for at least ten years. Do I Need a Lawyer?
If you are facing removal / deportation, an immigration attorney can review your case and discuss with you the benefits of agreeing to depart voluntarily. An immigration lawyer can help you prepare for your hearing. |
