In the complex world of U.S. immigration proceedings, choosing between Voluntary Departure and facing Removal can significantly impact your future. Understanding this aspect of immigration law is crucial. This comprehensive article will explore the details of Voluntary Departure and why it might be the right choice for you.
Why Request Voluntary Departure Instead of Removal?
The Conundrum of Removal Proceedings
If you find yourself entangled in removal proceedings within the immigration court system and see no viable path to legalizing your status in the United States, you might be contemplating your options. Rather than passively waiting for an order of removal, or worse yet, missing court dates, seeking Voluntary Departure can be a strategic decision.
The Implications of an Order of Removal
In the unfortunate event that an immigration judge orders your removal, it entails physically leaving the United States on a specified date, often within 30 days. This, however, is just the tip of the iceberg in terms of consequences.
What Voluntary Departure Means
A Path to Departure Without Removal
A grant of Voluntary Departure allows a non-citizen to leave the United States by a predetermined date, all without the burden of an order of removal tarnishing their record. Eligibility criteria are a critical aspect to consider, which we’ll explore further.
Shielding Against Harsh Consequences
Opting for voluntary departure can act as a shield against the severe repercussions of an order of removal. However, it’s essential to note that even compliance with a voluntary departure order does not guarantee admission if you seek to return to the United States in the future.
Consequences of an Order of Removal
The Long-lasting Impact
Being ordered removed from the United States carries significant and long-lasting implications. A non-citizen facing removal can be rendered inadmissible to the United States for a specified duration, which may range from 5 to 20 years, or even permanently, depending on the circumstances.
The Risks of Re-Entry
Re-entering the U.S. after deportation without permission, or attempting to do so, can lead to dire consequences, including immediate deportation without a hearing before an immigration judge and potential federal criminal charges for illegal re-entry.
Seeking Readmission
In certain cases, if you’ve been deported but have a compelling basis for seeking a visa or green card, you can apply for special permission to seek readmission to the United States, albeit with significant challenges.
Benefits of Voluntary Departure Instead of Deportation
A More Favourable Outcome
Voluntary Departure offers several advantages over an order of removal. Most notably, it avoids automatic inadmissibility for a specific period. Additionally, it provides a deadline of either 60 or 120 days for self-departure, affording individuals more time to address their affairs and prepare for the future.
Avoiding the Stigma
Opting for voluntary departure also spares individuals from the stigma associated with deportation. Furthermore, it helps the U.S. government avoid the expenses linked to the removal process.
Drawbacks of Voluntary Departure
The Importance of Commitment
While Voluntary Departure has its merits, it’s essential to understand its potential downsides. Failure to follow through with voluntary departure can result in severe consequences, as outlined in “Voluntary Departure: What Happens If You Don’t Leave the United States?”
The Challenge of Re-Entry
Even if you honor your voluntary departure commitment, you may still encounter immigration obstacles when attempting to return to the United States, depending on your prior unlawful presence.
For More Information on Voluntary Departure
Seeking Expert Guidance for Voluntary Departure Over Removal Proceedings
If you are considering requesting voluntary departure in deportation proceedings, it is crucial to determine your eligibility and submit your application at the most opportune moment. For comprehensive information and personalized advice, consult an experienced immigration attorney.
The decision between Voluntary Departure and Removal in immigration proceedings is a pivotal one that can shape your future in the United States. While content quality is just one of the many factors affecting search rankings, understanding this legal avenue is essential for those navigating the complexities of immigration law. Make an informed choice and consult an immigration attorney to determine the best course of action for your specific situation.
