What is voluntary departure?
When facing removal proceedings in immigration court, individuals have several options to consider. One significant form of immigration relief that often gets overlooked is voluntary departure. This option allows people to leave the United States on their own terms rather than being forcibly removed through a deportation order.
Understanding Voluntary Departure
Voluntary departure is a form of immigration relief that permits individuals in removal proceedings to leave the United States at their own expense within a specified time period. Unlike deportation, which carries severe consequences, voluntary departure allows people to maintain some control over their departure and potentially avoid the harsh penalties associated with a removal order.
This option is granted either by an immigration judge during court proceedings or by immigration officials before the case goes to court. The key distinction between voluntary departure and deportation lies in the long-term consequences and the ability to return to the United States in the future.
Benefits of Choosing Voluntary Departure
Opting for voluntary departure instead of fighting a losing case in immigration court offers several important advantages:
- No removal order on record: By leaving voluntarily, individuals avoid having a formal removal order issued against them, which can have serious future immigration consequences.
- Eligibility for future visas: Those who depart voluntarily may still be eligible to apply for visas to return to the United States legally in the future.
- Avoiding detention: Voluntary departure can help individuals avoid prolonged detention while their case is pending.
- Time to arrange affairs: The granted time period allows people to settle their affairs, sell property, and make proper arrangements before leaving.
- Choosing departure location: Individuals can select their destination country, typically their home country.
Who Qualifies for Voluntary Departure?
Not everyone in removal proceedings qualifies for voluntary departure. Immigration courts consider several factors when determining eligibility:
- Good moral character during the period of residence in the United States
- Ability to pay for departure expenses without government assistance
- No aggravated felony convictions
- No terrorism-related inadmissibility grounds
- Intention and ability to depart within the specified timeframe
The immigration judge has discretion in granting voluntary departure and will consider the totality of circumstances in each case.
Types of Voluntary Departure
There are three main types of voluntary departure available at different stages of the removal process:
Pre-hearing Voluntary Departure
This occurs before the first hearing in immigration court. Immigration officials may offer this option, allowing up to 120 days to leave the country. No bond is typically required at this stage.
Voluntary Departure at Master Calendar Hearing
During initial court proceedings, an immigration judge may grant voluntary departure for up to 120 days. This often requires posting a bond to ensure departure.
Post-conclusion Voluntary Departure
At the conclusion of removal proceedings, a judge may grant up to 60 days for voluntary departure. This requires a bond and is typically the last opportunity to avoid a removal order.
The Voluntary Return Process
Once voluntary departure is granted, individuals must follow specific steps to complete the voluntary return process:
- Obtain travel documents: Secure a valid passport and any necessary travel documents from your home country’s consulate.
- Make travel arrangements: Book transportation and ensure you can depart within the specified timeframe.
- Notify immigration authorities: Inform the relevant immigration office of your departure plans and date.
- Depart on time: Leave the United States before the voluntary departure period expires.
- Provide proof of departure: Submit evidence of departure to immigration authorities to close your case properly.
Consequences of Failing to Depart
Failing to leave within the voluntary departure period carries severe consequences. Individuals who overstay their voluntary departure period face:
- Automatic conversion to a removal order
- Ten-year bar from most forms of immigration relief
- Fines ranging from $1,000 to $5,000
- Ineligibility for voluntary departure in future proceedings
- Possible criminal prosecution for failure to depart
Voluntary Departure vs. Other Forms of Relief
Before choosing voluntary departure, it’s important to understand how it compares to other immigration relief options. While voluntary departure helps in avoiding a removal order, it still means leaving the United States. Other forms of relief, such as cancellation of removal or asylum, might allow individuals to remain in the country legally.
Working with an experienced immigration attorney can help determine whether voluntary departure is the best option or if other forms of relief might be more appropriate for your specific situation.
Important Considerations
Several factors should be carefully considered before accepting voluntary departure:
- Financial ability: Ensure you have sufficient funds to cover travel expenses and any required bond.
- Family circumstances: Consider the impact on family members, especially U.S. citizen children or spouses.
- Country conditions: Evaluate safety and living conditions in your home country.
- Future immigration plans: Understand how voluntary departure affects your ability to return to the United States legally.
- Pending applications: Determine if you have any pending immigration benefits that would be abandoned by departing.
Making the Right Decision
Voluntary departure can be a valuable tool for those facing removal from the United States. By choosing this option over forced removal, individuals maintain greater control over their situation and preserve future immigration opportunities. However, it’s not the right choice for everyone.
The decision to accept voluntary departure should be made after careful consideration of all available options and potential consequences. Consulting with qualified legal counsel can help ensure you make an informed decision that best serves your long-term interests and those of your family.
Remember that immigration law is complex and constantly changing. What may seem like a straightforward decision can have lasting implications for your future ability to enter the United States or obtain immigration benefits. Take the time to fully understand your options and make the choice that aligns with your circumstances and goals.
