Voluntary Departure: Understanding Your Options to Avoid Deportation

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Exploring Voluntary Departure: A Path to Avoid Deportation

Voluntary departure is a legal process in the U.S. immigration system that allows noncitizens facing deportation to leave the country on their own terms rather than being forcibly removed. This option provides individuals with a controlled and less stigmatized way to depart, which can have a significant impact on their ability to return to the U.S. in the future.

For those facing deportation, voluntary departure offers a way to leave with dignity and potentially preserve future opportunities to reenter the U.S. under different circumstances. By avoiding a formal removal order, individuals may maintain better prospects for future immigration benefits, making this a valuable option to consider.

At Andrew T. Thomas, Attorneys at Law, we understand the challenges of navigating the immigration process. We are here to help individuals explore their options and provide guidance tailored to each unique situation. Our goal is to ensure that those facing deportation understand their rights and can make informed decisions about their future.

Overview Of Voluntary Departure

Voluntary Departure is also known as self-deportation. It is an option for noncitizens facing the difficult reality of removal proceedings in the U.S. It allows them to leave the country voluntarily and at their own expense, avoiding the stigma and restrictions of a deportation order. Choosing voluntary departure provides a chance for a more dignified exit, often with the possibility of returning sooner under the right conditions.

There are two types of voluntary departure: pre-conclusion and post-conclusion. Pre-conclusion voluntary departure is requested before the completion of removal proceedings, while post-conclusion is sought after a decision has been made. Each type comes with specific requirements and deadlines, affecting how the process unfolds in practice. Generally though, pre-conclusion voluntary departure is easier to get than post-conclusion. Requesting a voluntary departure before a final decision offers more flexibility and fewer consequences for missing deadlines.

Choosing this option can be beneficial for individuals ineligible for other forms of immigration relief. However, it’s important to remember that self-deportation has economic and social impacts.

For those navigating these challenging waters, our team at Andrew T. Thomas, Attorneys at Law, stands ready to offer legal assistance throughout this process. We recognize the complexity and emotions involved, and we’re committed to helping individuals make informed choices every step of the way.

Eligibility For Voluntary Departure

Eligibility for voluntary departure varies depending on the type of voluntary departure being requested.

Eligibility Requirements for Pre-Conclusion Voluntary Departure

Application Timing:
- Must request voluntary departure before the conclusion of removal proceedings.
Good Moral Character:
- Must demonstrate good moral character for at least the prior five years.
No Aggravated Felonies:
- Cannot have been convicted of an aggravated felony or certain security-related offenses.
Ability to Depart:
- Must have the financial ability to leave the United States within the time granted.
Concession of Removability:
- Must admit removability and waive the right to further hearings or appeals.

Eligibility Requirements for Post-Conclusion Voluntary Departure

Application Timing:
- Must request voluntary departure at the conclusion of removal proceedings but before removal is enforced.
Physical Presence:
- Must have been physically present in the United States for at least one year prior to receiving a Notice to Appear (NTA).
Good Moral Character:
- Must demonstrate good moral character for at least five years prior to the request.
Posting a Bond:
- Must post a voluntary departure bond of not less than $500 within five business days of the court’s order.
Compliance with Departure Timeline:
- Must agree to depart within the timeline ordered.

Seeking legal assistance before requesting voluntary departure helps you fully understand what the process entails so that you can make an informed decision on whether it is right for you.

Process For Voluntary Departure

There is no process for requesting voluntary departure. You simply have to ask the judge for it at the beginning of your deportation hearing or at the end of it. However, it is much easier to get it at the beginning than at the end. If you want to ask the judge for voluntary departure, it could help your case to put together certain documents for the judge. These include:

Letters of support from family, friends, religious leaders, or employers saying that you are a good person (all letters must be written or translated into English with a certificate of translation included)
Birth certificates, copies of green cards, and other papers showing that members of your family are U.S. citizens or lawful permanent residents (if applicable)
Copies of your marriage certificate if your spouse is a U.S. citizen or lawful permanent resident
Certificates from any classes you may have attended
Utility bills, or other documentation showing how long you have been in the U.S.
Proof that you support your family
Bank statements to show that you can afford the costs of leaving the U.S. on your own

Conditions Imposed by Immigration Judges

If a judge decides that you are eligible for voluntary departure, they may set specific conditions for the grant. These include:

Posting of a bond (above $500) to demonstrate your commitment to leave by the assigned date.
Providing travel documentation like your passport may be required to show that you can lawfully enter your home country unless such is not required to enter your country or the country you are leaving the U.S. for.
Departing within a specified timeframe. For pre-conclusion voluntary departure, the timeframe is typically 120 days while it is 60 days for post-conclusion departure.
According to 8 CFR § 1240.26 (b)(3) & (c)(3), the judge can also set any conditions they deem necessary to ensure timely departure from the U.S.

Benefits And Risks Of Voluntary Departure

Voluntary departure offers a distinct pathway within immigration proceedings, presenting both potential benefits and significant risks. By choosing this option, individuals can manage their departure on their terms, but it’s crucial to weigh the implications carefully.

Advantages Of Choosing Voluntary Departure

Voluntary departure allows individuals to avoid the consequences of a formal deportation record, which can significantly impact future immigration prospects. By opting for this route, you may maintain eligibility for certain benefits that are usually barred by a deportation order. You avoid the 10 year ban that removed aliens face. Additionally, with voluntary departure, there might be more pathways for you to reenter the United States.

It gives you the autonomy to organize your travel and departure, potentially reducing the stress associated with the process. Financially, avoiding deportation may also save you the related costs tied to longer proceedings.

Potential Drawbacks And Risks

There are financial and logistical challenges associated with voluntary departure. Individuals must cover their own travel expenses and ensure all paperwork is completed on time. These logistical processes can be very burdensome, except with the help of a skilled immigration attorney.

Also, failure to adhere to the terms of voluntary departure can result in penalties, such as fines and restrictions on reentering the U.S. for a specified period. This poses a significant risk, especially if timely departure isn’t managed effectively.

Consequences Of Noncompliance

Noncompliance with voluntary departure terms can carry severe penalties. Noncompliance does not only include a failure to leave the U.S., it could also include failure to post bond on time, failure to provide travel documents if requested, and a failure to meet other conditions set for the grant of voluntary departure.

Order of removal

Upon granting a request made for voluntary departure, the immigration judge enters an alternate order or removal. The alternate order comes into effect if you fail to meet any of the conditions for your removal including not leaving within the timeframe granted.
The order can lead to enforced removal involving detention and forced deportation.

Ineligibility for Immigration Benefits

You become ineligible to apply for certain immigration benefits, such as adjustment of status, cancellation of removal, and voluntary departure, for a period of 10 years.

Civil Fines

The civil penalty for failure to depart is presumed to be $3,000 unless the judge specifies another amount at the time of granting voluntary departure.

Bar from Future Relief

Failure to comply can make it more challenging to secure other forms of discretionary relief in the future, as it may indicate a lack of credibility or willingness to follow legal processes.

How Andrew T. Thomas, Attorneys At Law, Can Help You

Before asking for voluntary departure, it is crucial to discuss the risks with an informed attorney. Choosing voluntary departure and inadvertently violating it may put you in a worse situation than you would have been with a deportation order. Also voluntary departure requires you to waive your right to deportation appeal. In some cases, appealing a deportation order may be the best relief for you. It is important to carefully consider your options before making a decision.

With Andrew T. Thomas, Attorneys At Law, you’re not alone in your dilemma. Our team brings a wealth of knowledge to help guide your decision making. We are also willing and able to assist you with administrative tasks, filing documents, courtroom representation, meeting deadlines, and every other process involved in voluntary departure or requesting some other alternative immigration relief.

Contact Andrew T. Thomas, Attorneys At Law Today

If you’re contemplating your options, it’s crucial to act quickly as soon as you receive a Notice to Appear before an immigration court. Our team is ready to guide you through the entire process and help you understand the broader implications.

Don’t wait—reach out to us today. Schedule a consultation, and let’s explore your options together. Our dedicated team stands ready to help you secure your family’s future.