What Is Voluntary Departure and Should You Consider It?

When facing removal proceedings, understanding all available options is crucial. One such option is voluntary departure. At Kriezelman Burton & Associates, LLC, our attorneys provide the guidance necessary to navigate these complex decisions. We are dedicated to offering the trusted support you need to resolve your immigration challenges.

Here are the key points to understand about voluntary departure:

• It allows an individual to leave the U.S. at their own expense by a set date.
• It avoids a formal order of removal, which carries severe future immigration consequences.
• Eligibility depends on factors like criminal history and time in the U.S.
• Choosing this path means waiving your right to appeal the immigration judge’s decision.

What is Voluntary Departure?

Voluntary departure is a form of relief that permits a person in removal proceedings to leave the United States voluntarily, without a formal order of deportation being issued against them. This arrangement is made before an Immigration Judge or, in some cases, directly with the Department of Homeland Security (DHS). The individual agrees to depart by a specific deadline and must pay for their own travel. While it may seem like a concession, it can be a strategic choice that preserves future opportunities to return to the U.S. legally.

Who Qualifies for Voluntary Departure?

Eligibility for voluntary departure is not automatic. An immigration judge assesses several factors to determine if an individual qualifies. An applicant must demonstrate that they have the financial means to depart the U.S. and intend to do so.

Key qualifying criteria often include:

• Being a person of good moral character for the past five years.
• Not having been convicted of an aggravated felony.
• Presenting a valid travel document, like a passport.
• Waiving any right to appeal the immigration case.

Securing a grant of voluntary departure requires a well-prepared legal argument. Our professional team is skilled at presenting these cases to achieve a positive outcome.

What are the Pros and Cons of Choosing Voluntary Departure?

Deciding whether to request voluntary departure is a significant choice with long-term implications. It is essential to weigh the benefits against the drawbacks with the guidance of an experienced immigration attorney.

Pros:

• No Bar to Reentry: The primary benefit is avoiding a formal order of removal. A removal order can bar you from re-entering the U.S. for five, ten, or even twenty years. Voluntary departure avoids this specific bar, making it easier to apply for a visa in the future.
• Control Over Departure: It allows you to organize your affairs and leave the country on your own terms, rather than being forcibly removed.

Cons:

• Forfeiture of Appeals: By accepting voluntary departure, you give up your right to appeal the judge’s decision. If you have other strong defenses against removal, this may not be the best path.
• Strict Penalties for Failure: If you fail to depart by the specified date, the voluntary departure order automatically becomes a formal order of removal. This carries harsh penalties, including a ten-year bar to most other forms of immigration relief and significant civil fines.

Removal proceedings can be a daunting and stressful experience, but our team is here for you. The attorneys at Kriezelman Burton & Associates, LLC provide the assured guidance needed to make the best decision for your future.

If you are facing removal proceedings and have questions about voluntary departure, contact Kriezelman Burton & Associates, LLC today.