What is Voluntary Departure?
Voluntary departure is when a person found to be residing within the United States nominates to leave the country rather than face deportation. Once voluntary departure is granted, they will have up to 120 days from the judge’s order to vacate the country. The judge is not allowed to extend the time past 120 days.You must request a voluntary departure. Without it, your removal by the U.S. government goes on your immigration record as a deportation. This may affect any further entries you make to the United States. A voluntary departure may help your possibility of returning to the U.S. in the long run.
What Happens When You Request a Voluntary Departure?
When you apply for a voluntary departure, you are saving Immigration and Customs Enforcement (ICE) the burden and expense of deporting you. In exchange, you improve your chances of being able to come back in the future, and you give yourself time to get your affairs in order before returning to your home country.To successfully receive voluntary departure, you must demonstrate that you have the funds to pay for your removal from the United States all by yourself.
The voluntary departure also requires you to admit that you are deportable and waive your right to contest your deportability, to apply for any relief, or to appeal.You must also adhere to the requisites for voluntary departure. If you do not, the voluntary departure order turns into a removal order, and you can be deported. Additionally, failure to leave after voluntary departure has been granted can prevent you from applying for other immigration benefits in the future.
When Can I Request?
There are three times you can request voluntary departure in an immigration case: before, at the beginning, or after your trial. All three options have their own benefits. Ideally, one should attempt to procure voluntary departure as soon as possible.
Pre-Hearing Voluntary Departure
If the USCIS has given you a court date to appear on, you can request voluntary departure from the Department of Homeland Services prior to your appearance. This can be very beneficial, as this would save money on litigation costs. You can utilize the money for other purposes, including moving back to your original country.
Voluntary Departure at the Beginning of Your Hearing
If you are in removal proceedings, you have the option of requesting voluntary departure. This can change the proceedings significantly. When you request voluntary departure in court, you are waiving certain rights in exchange for new benefits. Getting voluntary departure during your trial depends on several items. First, you must admit that you will not appeal any issues regarding your immigration status. By requesting voluntary departure, you have admitted that you are deportable and that you do not seek any other form of relief. Also, you must prove you are not convicted of any serious crimes while in the United States and are not deportable under national security provisions of immigration law. You must also have travel documents to go back to your home country.
Post-Hearing Voluntary Departure
The stipulations for voluntary departure after an immigration hearing are vastly different. Instead of simple items which you are required to fill, you must deal with specific proof that indicates character. Voluntary departure still performs the same function after your trial, but the requirements to gain voluntary departure differ.
$500 or greater immigration bond
Evidence of your presence in the country a year before service of the Notice to Appear
Has the means to leave as well as the financial ability to do so
Good behavior for five years
No aggravated felonies
Valid passport that indicates the ability to enter the home country again without any cause for denied entry by the law of the other country
Why Would You Want This?
A person with voluntary departure can get back into the United States easier than someone with a deportation on their record. A deportation by ICE will go on any immigration records and could prevent someone from returning to the United States for up to 20 years.Furthermore, if you are ordered to relocate, you have 30 days to get your entire life together and vacate the United States. Voluntary departure allows for more time to get affairs in order and plan on how you will leave.
If you are interested in getting voluntary departure, but don't know how or are afraid to start, Salmón-Haas can help you. They focus on immigration law cases such as voluntary departure. They can help you work towards getting the results you need. We will do everything in our power to get you the best outcome possible.