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Voluntary Departure

Voluntary Departure is often viewed as a relief of last resort. It allows a non-citizen to leave the U.S. without a stigmatizing formal removal order. A non-citizen allowed to voluntarily depart admits removability, but does not have a bar due to admission based a removal/deportation order. 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. If a non-citizen fails to depart within the time granted, they will receive a fine and a 10-year bar to several forms of relief from deportation.
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NOTE: For those who have been in the U.S. more than 1 year without status, there is an unlawful presence bar from inadmissibility for 10 years upon departure from the U.S. This unlawful presence bar exists even if you are granted voluntary departure. See Inadmissibility Waivers for eligibility information.

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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 request it from the Immigration Judge.. 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 abandons 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 to fight removal. However, many immigrants who have been in the U.S for 10 years or more may qualify for immigration relief from removal.. In these and other cases, voluntary departure may not be the best option.

We will help you determine the best solution based on  your life circumstances.

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.

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. riminal 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.

We 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 the best  solution for your immigration case.