With many talks about immigration rules these days, it’s important to understand what voluntary departure means. Ignoring deportation orders and staying in the U.S. can lead to serious consequences, penalties, and limits on future immigration benefits. Voluntary Departure U.S. might be a better option for some people. This article will explain what it is, its consequences, and the laws related to it.
What is Voluntary Departure?
Voluntary departure, as a legal right of the non-citizen is the lawful way that one can depart from the United States in immigration court proceedings. The company offers them the option to voluntarily repatriate themselves within a chosen timeframe, at no cost to them, to return to their home country outside of the United States. This option is another official procedure for the order of removal of individuals from the states. The duration for voluntary departure can vary:
It maintains up to 120 days if the party requests during the initial master calendar hearing.
Who is Eligible for Voluntary Departure?
To determine eligibility for voluntary departure, certain criteria must be met. Eligibility factors include:
- Request Timing: As mentioned earlier, the timing of the request is crucial.
- Non-citizens are responsible for funding their own departure expenses.
- Non-citizens are responsible for paying the costs associated with their own departure.
- Compliance: Eligible individuals must comply with all the conditions and timelines specified in the voluntary departure order.
Consequences of Failing to Depart Voluntarily
Failing to leave the United States within the stipulated time frame can result in significant penalties and complications for future immigration endeavors.
Civil Penalty for Voluntary Departure: Overstaying in the U.S.
Non-citizens who do not depart as ordered may be subject to civil penalties, ranging from $1,000 to $5,000, as outlined in the Immigration and Nationality Act (I.N.A.) Section 240B(d). There is an exception to this penalty for VAWA self-petitioners or VAWA cancellation of removal applicants, provided extreme cruelty or battery played a central role in overstaying the voluntary departure grant.
Ten-Year Bar to Immigration Relief
Perhaps one of the most severe consequences is the automatic ten-year bar imposed on individuals who fail to depart voluntarily. This bar restricts access to various forms of immigration relief, including cancellation of removal, adjustment of status, change of status, and registry, as per I.N.A. Section 240B(d).
It’s essential to note that this bar applies even if the non-citizen eventually departs after overstaying voluntary departure. This self-removal can lead to adverse consequences, such as a permanent bar on admission if the individual attempts to reenter the U.S. illegally.
Voluntary Departure Order to Removal Order
If a non-citizen fails to depart as ordered, the voluntary departure order automatically converts into an order of removal. This transition happens without the need for a new order from the immigration judge or the non-citizen appearing in court.
Exceptions to the Consequences
In specific circumstances, some exceptions allow not leaving voluntarily, despite the severe consequences.
Voluntariness Exception for Voluntary Departure: Overstaying in the U.S.
The “voluntariness” exception acknowledges cases where non-citizens, through no fault of their own, are unaware of the voluntary departure order or physically unable to depart. In such cases, failure to depart is not considered a violation.
Extreme Hardship Exception for Voluntary Departure: Overstaying in the U.S.
An exception to the ten-year bar exists for VAWA self-petitioners or VAWA cancellation of removal applicants if extreme cruelty or battery played a central role in their failure to depart as ordered, as outlined in I.N.A. Section 240b(2).
In conclusion, voluntary departure is a complex legal process with significant implications for non-citizens in immigration court proceedings. Understanding the eligibility criteria and the potential consequences of failing to depart voluntarily is vital for making informed decisions in immigration matters.
What are the main benefits of choosing voluntary departure over deportation?
Choosing voluntary departure over formal deportation offers several significant benefits for individuals facing removal from the United States. Here are the main advantages:
Key Benefits of Voluntary Departure
- Avoidance of Civil Penalties: While failing to comply with voluntary departure can lead to civil penalties, those who adhere to the terms typically avoid additional fines or legal repercussions associated with deportation proceedings.
- No Deportation Order: Individuals who opt for voluntary departure do not receive a formal order of deportation, which can have lasting negative implications on their immigration record. This means they can avoid severe consequences associated with deportation, such as being barred from re-entering the U.S. for several years—typically up to ten years—or face a permanent ban in some cases.
- Flexibility in Departure: Voluntary departure allows individuals to choose their departure date within a specified timeframe (up to 120 days if requested before removal proceedings conclude). This flexibility allows them to make necessary arrangements and settle their affairs before leaving the country, instead of facing forced removal at a time set by immigration authorities.
- Easier Future Re-entry: Since voluntary departure does not carry a removal order, individuals may find it easier to apply for visas or other legal means to re-enter the U.S. in the future. They are not subject to the same re-entry bars that apply to those who have been formally deported.
- Preservation of Immigration Options: By choosing voluntary departure, individuals not only maintain more options for future immigration relief, but they also enhance their prospects for a smoother process. For instance, they may be eligible to apply for a visa or have family members petition for them. This approach avoids the complications that often arise from having a deportation order on their record. Consequently, individuals can navigate their immigration journey with greater flexibility and less risk.
- Good Moral Character Consideration: The process of obtaining voluntary departure often requires individuals to demonstrate good moral character; consequently, this can be beneficial for future immigration applications. Specifically, this requirement helps ensure that those seeking this option are viewed more favorably regarding their immigration history. Therefore, by establishing good moral character now, individuals may enhance their chances of success in subsequent immigration proceedings.
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 request voluntary departure or Employment-Based Visas, we handle every step—from evaluating your options 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 U.S. Call us today at +234 812 5505 986 to learn how we can assist you.
