Voluntary departure is a legal option for individuals in immigration court who are facing deportation. It allows them to leave the United States voluntarily, as the name suggests, usually within a specified period, rather than being forcibly removed. Here’s a breakdown of what it involves and some factors to consider when deciding whether to request it:
What Is Voluntary Departure?
1. Self-Departure: It lets you leave the U.S. voluntarily, usually within 60 or 120 days, depending on the case and the judge’s decision.
2. Avoiding a Deportation Record: Voluntary departure avoids having a formal deportation order on your record, which can be beneficial for future immigration proceedings or applications for re-entry.
3. Financial Responsibility: You are responsible for your own travel costs.
Benefits
1. Future Immigration Relief: It might be seen more favorably if you apply for immigration relief or a visa in the future, as it’s not a deportation but a voluntary departure.
2. Less Penalty: You might avoid some of the long-term penalties associated with a formal deportation, such as the bars to re-entry that come with a deportation order.
3. More Control: You have more control over your departure date and can plan your exit more comfortably.
Drawbacks
1. Limited Time: You’ll need to leave within the specified time frame, which might not always be practical.
2. No Legal Relief: Requesting voluntary departure means you’re giving up your right to appeal or fight your case further in the U.S.
3. Risk of Re-entry: If you leave the U.S. under voluntary departure and later try to return, you might still face difficulties, especially if you’ve been in violation of U.S. immigration laws.
When It Might Be a Good Idea
- Strong Case for Reentry: If you believe you have a strong future immigration case or relief options, voluntary departure might be preferable to having a formal deportation on your record.
- Personal Circumstances: If you have a viable plan to leave the U.S. and the resources to do so, and you want to avoid the trauma of a forced removal.
When to Be Cautious
- Lack of Alternatives: If you have potential legal avenues to stay in the U.S. and you haven’t explored all your options, you might want to consult with an immigration attorney before opting for voluntary departure.
- Immediate Needs: If you need more time to organize your departure or resolve personal matters, rushing to leave might not be ideal.
Consulting with an Attorney
It’s highly advisable to consult with an immigration attorney before making a decision. The Law Office of Gregory J. Eck can help you understand the implications of voluntary departure in your specific situation and guide you on whether it’s the best option for you.