Voluntary departure is an option available to certain non-citizens under the Immigration and Nationality Act that allows a person to leave the United States on their own instead of being formally removed. With the approval of an immigration judge or the Department of Homeland Security (DHS), an individual may depart the country at their own expense and avoid some of the legal consequences associated with a removal order.
Choosing voluntary departure can help avoid lengthy deportation proceedings and may allow a person to leave the United States within a specified period of time without receiving a formal removal order.
The attorneys at Behar International Counsel APC assist clients in determining whether voluntary departure is the best option in their situation.
Voluntary departure is a form of relief that allows a person to leave the United States voluntarily rather than being deported. Permission for voluntary departure may be granted either by the Department of Homeland Security or by an immigration judge, depending on the stage of the case.
Not everyone qualifies for voluntary departure. Individuals who have committed certain serious crimes, including aggravated felonies, are generally not eligible.
If voluntary departure is granted, the person must leave the United States at their own expense, including paying for travel and related costs.
A request for voluntary departure may be made at different stages of the immigration process:
before removal proceedings begin
during immigration court proceedings
after the court has issued a decision
The requirements and conditions may vary depending on when the request is made.
In some cases, voluntary departure may be requested before appearing in immigration court.
This usually occurs when a person is detained by immigration authorities and DHS agrees to allow the individual to leave the country voluntarily.
Before choosing this option, it is important to understand the consequences.
Accepting voluntary departure at this stage may mean giving up the opportunity to apply for immigration relief, including asylum, adjustment of status, or other benefits.
Because this decision can affect your future immigration options, it is recommended to consult with an immigration attorney before agreeing to voluntary departure.
Voluntary departure may also be requested while removal proceedings are pending before an immigration judge.
If the judge grants voluntary departure at this stage, the person is usually given up to 120 days to leave the United States.
Accepting voluntary departure during the hearing may require giving up the right to apply for other forms of relief, such as cancellation of removal or adjustment of status.
When deciding whether to grant voluntary departure, the judge may consider factors such as criminal history, immigration violations, and overall character.
Legal guidance can be helpful in preparing the request and presenting evidence in support of the case.
Voluntary departure may also be requested after the immigration judge has denied other forms of relief.
This is often called post-conclusion voluntary departure.
An immigration judge may grant voluntary departure at this stage if the person:
has been physically present in the United States for at least one year before being placed in proceedings
has demonstrated good moral character for at least five years
has not committed aggravated criminal offenses
can show the ability and intent to leave the United States voluntarily
If approved, the person usually has up to 60 days to depart the country and may be required to post a bond to guarantee departure.
Once proof of departure is provided, the bond may be refunded.
In general, a person may qualify if they do not have a conviction for an aggravated felony or certain serious offenses.
Examples of offenses that may make a person ineligible include:
serious violent crimes such as murder
sexual offenses involving minors
firearms or explosives violations
drug trafficking
large-scale fraud or money laundering
certain alien smuggling offenses
Because the definition of aggravated felony under immigration law is complex, it is important to have an attorney review your record before requesting voluntary departure.
Voluntary departure may be a practical option if no other form of immigration relief is available and removal from the United States is likely.
Leaving voluntarily can provide several advantages:
avoiding a formal removal order
reducing certain future immigration penalties
allowing time to prepare for departure
avoiding detention in some cases
However, voluntary departure also means giving up the right to remain in the United States at that time, so the decision should be made carefully.
Deciding whether to request voluntary departure requires a clear understanding of immigration law and the consequences of each option.
Because accepting voluntary departure may affect your ability to return to the United States in the future, it is important to speak with an experienced immigration attorney before making a decision.
The legal team at Behar International Counsel APC has extensive experience representing clients in deportation defense and voluntary departure cases. We review each situation carefully and help clients choose the strategy that best protects their future.
If you are facing removal proceedings and want to know whether voluntary departure may be appropriate in your case, contact Behar International Counsel APC to schedule a confidential consultation.
