Since the discussions on immigration rules are popular nowadays, it is highly important to understand the concept of voluntary departure. Ignoring deportation orders and staying in the United States can result in various adverse outcomes, penalties, and limitations on further immigration benefits. Voluntary departure may be the best way out and this piece sheds light on its definition, consequence, and the laws on the subject.
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.
