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As a non-citizen of the United States, violating the terms of your immigration status and committing crimes can result in deportation by an order of removal, which means you have no right to remain in the country. In such a case, voluntary deportation may be the best option for you to leave as it can prevent forcible deportation and increase your chances of legally returning to the United States in the future. Call Kats Immigration Law today and schedule an appointment with Alina Kats to learn more about voluntary departure and if it is the right option for you. Alina provides the best advice based on your circumstances and helps you make the best decision for your life.
The current presidential orders have made it very difficult for foreign nationals living in the United States. Immigration laws have become strict to the degree that even permanent residents with green cards, living in the United States for decades are at risk of getting arrested by law enforcement agents. If you are not a US citizen, have committed some crime or were found involved in criminal activities, and have been apprehended by the immigration authorities, you may be at risk of deportation.
The two main options regarding departure from the United States are likely to be:
Most people who are at the highest risk of deportation are the many undocumented immigrants currently living in the US. After being arrested and scheduled for a deportation hearing, accused individuals will have various defense options depending on their situations. In some cases, especially when chances of deportation are high, the arrested individual might want to consider applying for a voluntary departure.
Voluntary departure is a legal option that allows a non-citizen to leave the United States on their terms rather than being deported forcibly. Individuals who choose voluntary departure can leave the country at their own expense within a designated amount of time set by an immigration judge or Department of Homeland Security to avoid a final order of removal.
Once you are formally deported, the consequences can be severe and long-lasting. It can impact your future by resulting in a re-entry ban, immigration hurdles, and potential detention. An individual who receives a removal order is also barred from applying for up to ten years for cancelation of removal, adjustment of status, or other immigration benefits.
However, it is important to know that voluntary departure is not available in all cases. An individual can only apply for a voluntary departure if he or she does not have a deportation order already. Voluntary departure is generally offered to individuals who do not have a deportation order yet, but decide to leave the country.
You must carefully consider the differences between voluntary departure and deportation when faced with such a situation:
Deportation is forcible removal, and you have no control over the timing or the process. On the other hand, with voluntary departure you have control over your exit from the US. You can choose when and how you will leave as long as you abide by the designated date as set by the immigration judge.
Deportation or forcible removal can result in a ban or 5 or 10 years. in some cases, it can even be a permanent ban from entering the US. This means your chances, of coming back to the US are slim.
However, leaving voluntarily can save you from the automatic re-entry ban. You could still face a 10-year bar on returning to the US if you have more than a year of unlawful presence.
Deportation results in a removal order on your record and it can have a significant impact on your future immigration process. There is no removal order or deportation record if you choose voluntary departure, which means you have chance to return to the US legally after some time.
If you are deported, the government will handle the cost of deportation but in the end, you lose the chance to leave on your own terms. If you choose voluntary departure, you will bear the cost of leaving the United States, including transportation costs, to your homeland.
Of the two, deportation carries harsher consequences as having a removal order on your record makes it even more difficult to obtain visas or apply for immigration benefits in the long run. Also, if you are being deported due to criminal activities, you could be detained in an immigration facility before the removal is carried out.
Voluntary departure is a better option than an order of removal for several reasons. One of the benefits of a voluntary departure is that it provides you a chance to finalize your court proceedings faster, reducing the risk of getting hit with exorbitant fees. It is a more dignified way of leaving as you exit on your terms, without being escorted by police or other law enforcement personnel to the airport.
If you receive a removal order, you may be barred from reentering the United States for up to 10 years and may be at risk of facing civil and criminal penalties if you enter without proper authorization. If you depart voluntarily within the date and time set by the court, you will not be prevented from returning to the United States legally after some years.
In many cases, there is also a chance that you will face less severe restrictions in entering the US after some years after you choose to leave voluntarily. Choosing between voluntary departure and deportation can have a significant impact on your future.
While voluntary departure offers many advantages, there are also potential downsides. You will have to make a down payment of at least $500 to guarantee you will actually leave the country. However, if you cannot afford the costs of voluntary departure or fail to meet the eligibility criteria, deportation may be unavoidable.
Also, there will be a departure deadline of between 60 and 120 days after the judge approves your request for voluntary departure.
In the end, the decision between voluntary departure and deportation depends on your specific situation. Voluntary departure is usually a better option if you want to preserve your chance of reentering the US legally.
If you or a loved one is facing the risk of deportation and removal in the United States, it is essential to seek a lawful solution to your situation. Not knowing what to do can make it difficult to make the right decision quickly. Alina Kats is an experienced immigration attorney. She helps you understand your options and provides the best advice given the circumstances. She evaluates your case and defends your legal rights in court. Alina represents you through the entire process to keep you out of trouble, contests the removal order, and comes up with strategies to ensure you can return to the U.S. in the future.