If you are facing deportation from the United States as a foreign national, voluntary departure may be your best option. It allows you to leave the country legally without facing the full consequences of your immigration history. Below, we will provide a detailed look at Voluntary departure from the U.S., including who is eligible to request it and how likely it is that your request will be approved.
Understanding the Timing of Voluntary Departure
Your eligibility for voluntary departure hinges on when you make the request, which can occur at different stages of the removal process:
Before Removal Proceedings
Voluntary departure can be requested before the commencement of removal proceedings, typically before your hearing in immigration court. This is often the earliest opportunity to seek this option.
During Removal Proceedings
You can also request voluntary departure while removal proceedings are ongoing. This may happen during your immigration court hearings, providing another chance to pursue this option.
After Removal Proceedings
The final opportunity for voluntary departure arises after removal proceedings. This is usually considered when other defenses or forms of relief are not viable options.
Benefits of Voluntary Departure
The advantage of voluntary departure is that, although you must leave the United States legally, you won’t face restrictions on reentering the country in the future. While you may still need to obtain a new visa or green card while currently inadmissible, this becomes possible since you haven’t been deported and there’s no deportation order against you.
When to Consider Voluntary Departure
Whether voluntary departure makes sense for you depends on your circumstances:
- Interest in Returning: If the possibility of returning to the United States matters to you, voluntary departure is a more favorable option.
- Financial Considerations: If you can’t afford the return ticket to your home country and prefer the U.S. government to arrange your transportation, you might lean toward awaiting an order of deportation.
Requesting Pre-Hearing Voluntary Departure From the DHS
Before you even appear before an immigration judge, you have the option to request a voluntary departure from the Department of Homeland Security (DHS). This is often pursued after being arrested by U.S. immigration officers and potentially placed in an immigration detention facility.
Eligibility requirements for voluntary departure from the DHS are relatively flexible. The goal is to facilitate your departure, with the expectation that you will leave at your own expense within up to 120 days. The DHS may require you to post a bond, stay in detention until departure, or adhere to certain safeguards.
However, pre-hearing voluntary departure is not available to non-citizens stopped at the U.S. border, aggravated felons, or individuals involved in terrorist activities.
Strategic Considerations for Voluntary Departure
1. Timing of the Request
- Before Removal Proceedings: This is often the best time to request voluntary departure, as it allows for a longer period (up to 120 days) to prepare for departure without a formal removal order on record. It can be easier to obtain at this stage, as you only need to demonstrate that you are not removable on aggravated felony or terrorist grounds.
- During Removal Proceedings: If you are already in proceedings, you can still request voluntary departure. However, this may require more substantial evidence of good moral character and intent to leave, and the time allowed for departure may be shorter (typically up to 60 days).
- After Removal Proceedings: Waiting until your case has been adjudicated makes it harder to obtain voluntary departure because of stricter eligibility requirements.
This option is generally less favorable due to the increased burden of proof needed.
2. Benefits of Voluntary Departure
- Avoiding Deportation Stigma: Voluntary departure does not result in a formal deportation order, which can carry long-term consequences, including bars to reentry. This option allows you to leave without the stigma associated with being forcibly removed.
- Time to Organize Affairs: A grant of voluntary departure provides time (up to 120 days) for individuals to settle their financial matters, terminate leases, and make travel arrangements, which is crucial if they have been in the U.S. for an extended period.
- Future Immigration Opportunities: Voluntarily departing can simplify your reentry into the U.S. later, unlike formal deportation, which triggers automatic inadmissibility for a set number of years.
3. Risks and Drawbacks
- Potential Immigration Issues Upon Return: Even after complying with a voluntary departure order, individuals may still face challenges if they seek to return to the U.S., especially if they had an unlawful presence before their departure.
- Waiving Rights: By opting for voluntary departure, you typically waive your right to appeal any removal order. This could limit your options if new evidence arises or if circumstances change.
- Severe Penalties for Non-compliance: Failing to depart by the designated deadline can lead to significant penalties, including fines and a ten-year bar from adjusting status or applying for other forms of relief.
Seeking Voluntary Departure at the Start of a Removal Hearing
At the initial master calendar hearing in immigration court, you can request voluntary departure. However, this decision carries significant consequences:
To qualify for voluntary departure at this stage, you must:
Eligibility Requirements
To qualify for voluntary departure at the beginning of a removal hearing, known as the master calendar hearing, you must meet specific criteria:
- Admission of Removability: You must admit that you are removable from the U.S.
- Waiver of Other Relief: You must waive your right to seek any other form of immigration relief or appeal.
- No Serious Criminal Record: You must not have any convictions for aggravated felonies or pose a threat to national security or public safety.
- Timely Request: The request must be made at your first hearing in immigration court.
The decision to grant voluntary departure is at the discretion of the immigration judge, who will consider factors such as your criminal history, immigration history, and ties to family and community in the U.S.
Process and Considerations
- Timing: Requesting voluntary departure during your master calendar hearing is one of the earliest opportunities to do so. This timing allows you to potentially avoid lengthy court proceedings if you do not have a viable defense against removal.
- Consequences: Accepting voluntary departure means you give up your right to pursue other forms of relief, which may be critical if you have defenses against deportation (e.g., asylum or cancellation of removal). Therefore, it is essential to evaluate whether you genuinely lack options before proceeding with this request.
- Bond Requirement: If granted voluntary departure, you may be required to post a bond within five days of receiving the order. This bond ensures your compliance with leaving as scheduled; failure to do so can result in forfeiting the bond amount and potential penalties.
Voluntary Departure During Removal Proceedings From DHS
While rare, the DHS attorney may agree to voluntary departure at any point during your removal hearings. This requires coordination between you or your attorney and the DHS attorney in the courtroom.
However, the DHS will not agree to voluntary departure if you are deportable as an aggravated felon for national security or public safety reasons or if you have serious criminal offenses on record.
Voluntary Departure at the End of a Removal Hearing
In certain situations, you may opt for voluntary departure after your removal proceedings, often when other defenses or relief options are not promising.
To qualify at this stage, you must meet specific requirements:
- Length of U.S. Stay: Have been physically present in the United States for at least one year before receiving the Notice to Appear (NTA) from the DHS.
- Financial Means: Possess the financial means to post a bond within five days of the judge’s order.
- Good Moral Character: Demonstrate good moral character for at least five years before seeking voluntary departure.
- Exclusions: Not be an aggravated felon, terrorist, or previously granted voluntary departure after being found inadmissible.
- Travel Documents: Produce a valid passport or travel document for inspection and authentication by the U.S. government.
- Financial Commitment: Establish that you have the financial means to leave the United States at your own expense within the required time.
If the immigration judge approves your request, you will receive an order specifying your departure date. You must also post a voluntary departure bond, set by the judge, within five days of the order.
The Advantage of Voluntary Departure
The various stages at which you can request voluntary departure come with varying eligibility requirements. The longer you wait, the more stringent the criteria become. For individuals with no legal means to stay in the United States, voluntary departure provides an option to leave at their own expense within a defined time frame, with fewer adverse consequences compared to deportation.
Legal Guidance
If you find yourself in immigration court proceedings, especially if you lack legal representation, consulting with an immigration attorney is advisable. They can assess your potential for temporary or permanent rights to stay in the United States, guiding your decision-making process. Whether you continue with immigration court hearings or opt for voluntary departure, legal counsel can be invaluable.
In conclusion, voluntary departure is a crucial option for foreign nationals facing deportation from the United States. Understanding the timing and eligibility criteria is essential for making informed decisions about your immigration future. If you are in doubt about your situation, seek legal guidance to explore your options fully.
How Law and Visas Can Help?
At Law and Visas, our team of expert immigration consultants is here to make your voluntary departure from the U.S. process straightforward and successful. Whether you’re seeking to apply for voluntary departure or Temporary Protected Status (TPS), we handle every step—from evaluating your situation to preparing your application and gathering the required documents.
Our immigration lawyer consultants and Lawyers ensure that your application meets the highest standards, with no details missed. We’ll also keep you informed throughout the process, coordinating with the immigration office or embassy on your behalf.
Law and Visas has a strong record of helping clients with Voluntary Departure from the U.S. Call us today at +234 812 5505 986 to learn how we can assist you.
