Voluntary departure is an option available to certain foreign nationals facing removal proceedings in the United States.
It allows them to leave the country voluntarily at their own expense rather than being forcibly removed by the government.
This option is considered a form of immigration relief. It may have less severe consequences on a person’s ability to return to the U.S. in the future compared to a formal removal order.
You might agree to voluntary departure for several reasons. It can help avoid the stigma and long-term consequences of a formal removal order, such as a ban on re-entry to the U.S.
Additionally, voluntary departure may provide more time to arrange personal affairs before leaving the country.
While it is considered a form of immigration relief, it will not change your immigration status, nor will it provide a pathway to legal status in the U.S.
Attend your removal proceeding, even if you plan on departing voluntarily. During the hearing, you can request a voluntary departure from the immigration judge. Failing to attend your removal proceeding could result in an in absentia removal order, which carries more severe consequences, such as a longer bar on re-entry to the U.S.
Voluntary departure may be granted at different stages of the removal process.
It can be granted before the initiation of removal proceedings, during the proceedings, or at the conclusion of the proceedings.
A foreign national might be granted voluntary departure during an encounter with immigration officers, such as at a routine traffic stop or during an immigration raid at their workplace.
In this scenario, the immigration officer could offer the individual the option to voluntarily depart the U.S. instead of initiating removal proceedings.
For example, if a person has overstayed their visa but has no criminal record and strong ties to the U.S., the officer might determine that voluntary departure is appropriate.
The decision to grant voluntary departure is at the discretion of the immigration judge, who will consider factors such as your immigration history, criminal record, and ties to the U.S.
You may request voluntary departure from the immigration judge after removal proceedings have been initiated.
For example, someone who has been in the U.S. unlawfully but has established a stable life, including a steady job and family connections, might choose to request voluntary departure to avoid the consequences of a formal removal order.
In this case, the immigration judge would weigh the person’s immigration history, criminal record, and ties to the U.S. before deciding whether to grant voluntary departure.
A foreign national may be granted voluntary departure after they have been found removable by an immigration judge.
Granting voluntary departure might occur when the person has exhausted all other forms of relief but still presents compelling reasons for the judge to allow them to leave the country voluntarily.
For example, a person with a deportation order but with significant humanitarian concerns, such as a severely ill family member in their home country, might request voluntary departure at the conclusion of the proceedings.
The judge would then consider factors like the individual’s immigration history, criminal record, and ties to the U.S. before deciding whether to grant voluntary departure.
To qualify for voluntary departure, you must meet certain requirements, such as:
People with certain criminal convictions, pose a threat to national security, or are considered a risk of absconding may not be granted voluntary departure.
A person with a conviction for an aggravated felony, such as murder, rape, or drug trafficking, would likely be ineligible for voluntary departure.
Other serious crimes, like domestic violence, child abuse, or multiple DUI convictions, may also lead to ineligibility.
Example: John, a non-citizen, was convicted of drug trafficking and has served a prison sentence. Due to the severity of his criminal record, he would likely be ineligible for voluntary departure.
An individual who has been involved in espionage, terrorism, or other activities that pose a threat to the safety and security of the United States would be ineligible for voluntary departure.
Example: Jane, a non-citizen, is found to be involved in a terrorist organization planning an attack on U.S. soil. Due to her involvement in activities threatening national security, she would not be eligible for voluntary departure.
A person considered a flight risk, meaning they are likely to fail to depart the U.S. voluntarily, may not be granted voluntary departure. This determination could be based on factors like a history of failing to appear for immigration court hearings or a lack of ties to the U.S.
Example: Michael, a non-citizen, has a history of missing immigration court hearings and has no family or employment ties in the U.S. Due to his high risk of absconding, he would likely be ineligible for voluntary departure.
An individual who has been granted voluntary departure in the past but failed to leave the U.S. as required may be deemed ineligible for voluntary departure in subsequent removal proceedings.
Example: Sarah, a non-citizen, was granted voluntary departure in a previous removal proceeding but failed to depart the U.S. within the required time frame. As a result, she might be ineligible for voluntary departure in any future removal proceedings.
Additionally, those who have been previously granted voluntary departure and failed to depart as required might be ineligible.
Failure to depart after being granted voluntary departure can result in serious consequences, such as:
If you ignore a notice of a removal hearing, you may be ordered removed in absentia.
While it is not mandatory to have an immigration lawyer, consulting with one can be extremely beneficial.
An experienced deportation attorney can help you understand your options, determine your eligibility for voluntary departure, and represent you in removal proceedings.
LegalMatch is an online legal matching service that connects individuals and businesses with attorneys in their area who specialize in the type of legal issue they are facing.
If you are in need of an immigration lawyer, LegalMatch can help by:
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