Immigrants facing deportation are given opportunities to present their case in avoiding deportation. But there are some cases in which they’re unable to achieve the outcome they want.
A voluntary departure may be required and can provide some benefits that you should consider when weighing your options.
In addition to keeping a deportation order off of your record, a voluntary departure can protect your financial wellbeing and avoid common consequences resulting from the removal process.
Requesting Voluntary Departure
Voluntary departures are typically requested by immigrants who’ve been placed under arrest. The DHS may not offer this option in most cases, so you must be aware of it and issue a request if you want to employ it in your case.
A voluntary departure places all financial responsibilities on the individual while saving him or her from having to undergo the standard removal proceedings.
A voluntary departure relinquishes your right to obtain immigration relief, so it may be the best option for those immigrants who wish to return to their country of origin. It’s also the ideal choice for those who can’t afford the court costs.
Some immigrants may qualify for immigration relief due to a number of factors such as the adjustment of their status or political asylum. In these and other cases, voluntary departure may not be the best option.
Your immigration attorney will help you determine the best solutions based on the circumstances of your case.
Benefits of Voluntary Departure
When facing a possible removal, you need to consider the benefits that a voluntary departure can provide.
Choosing this option protects you from the possibility of not being allowed to return to the US, which often results when being removed by a judge in an immigration court.
By opting for a voluntary dismissal, you are allowed to leave the country on your own terms. You are also granted a deadline that can be as long as 120 days, giving you time to resolve personal, professional, or financial matters before you leave.
This can help you provide support to family members and loved ones while making any living arrangements needed to ensure their wellbeing.
Voluntary departures also benefit the government and taxpayers, who are free from having to cover the costs of immigration proceedings.
Eligibility and Legal Support for Voluntary Departure
Courts generally look at a number of factors in determining who is eligible for voluntary departure. They’re primarily concerned with any crimes that have been committed by the individual.
Police reports and criminal records are reviewed by the courts, and immigrants should seek the help of a qualified immigration attorney if they have criminal offenses included in their history.
Your attorney will help you determine if previous criminal charges will negatively impact your request for a voluntary departure. Issues related to national security and serious offenses will result in the denial of your request.
Requests can be made prior to, during, or after any removal proceedings. This gives you many options when seeking a solution for your immigration case.
Consulting with an immigration attorney is the first step in obtaining a voluntary departure while protecting your rights and those of your family.
A voluntary departure may be the best option and the most reliable way to secure your future immigration status.