Voluntary Departure

If you’re faced with deportation and you want a fighting chance of staying in the United States, voluntary departure may be your best bet at times. A voluntary departure lawyer improves the odds that you meet the voluntary departure requirements so that you can return when you’re in a better position to meet all the immigration requirements. Call the best voluntary departure immigration attorney in the NYC area at Kats Immigration Law. Make an appointment for a virtual consultation to discuss your best option for immigrating to the U.S.

What Is Voluntary Departure?

Leaving the United States voluntarily is a way for you to depart on your terms instead of being deported. Your voluntary departure lawyer presents this option when a removal order is imminent. When you choose voluntary departure, you still have the freedom to legally return at a future date. Three stages through which the court grants self-deportation include:

1. Pre-hearing requests
2. Before completion of master hearings
3. Post-hearing requests

It’s not as simple as choosing a date to leave and making travel arrangements. Whether you’re a lawful or unlawful resident of the U.S. or you’ve been apprehended by U.S. Immigration and Customs Enforcement (ICE), you may be eligible to apply to leave the U.S. in lieu of deportation. As your immigration attorney, Alina Kats recommends the best timing to make the request and guides you through the process. Through Kats Immigration Law, you receive the best advice regarding all immigration services.

How Is Voluntary Departure Beneficial?

When deportation is anticipated, or you’re at risk of a removal proceeding, leaving on your own is an advantageous option. Deportation hinders most chances of re-entry to the U.S. at a later date. The major benefits of leaving on your terms far outweigh being deported, such as:

• Being allowed up to four months to get your affairs in order
• Avoiding deportation and the negative immigration record
• Maintaining a clear record that permits you to apply for future visas or green cards
• Preventing permanent prohibition from returning to the U.S.
• Choosing the day you leave, as long as it falls within the period decided by the court

Fewer negative outcomes occur for your future immigration applications when you choose to leave voluntarily. You’re not automatically approved for reentry, but you have the option to apply later. Additionally, family members who permanently reside in the U.S. may be able to apply for re-entry on your behalf. The option to apply from your original country  is also possible. Your immigration specialist still can assist with re-entry when you’re ready in the future.

What Are Voluntary Departure Requirements for Pre-Hearing Requests?

The requirements of pre-hearing requests are less stringent than after your final hearing has occurred and the decision to deport is made. The same guidelines apply should you request to leave the U.S. before the completion of the final hearing. You must prove to the court that you:

• Have the financial means to travel
• Obtained a valid passport or travel document, vital to leave voluntarily
• Meet the qualifications before your hearing and before the decision is made to deport
• Aren’t deportable on grounds of terrorism
• Haven’t been convicted of an aggravated felony
• Provide attestations of good moral character

Approval by the immigration court’s decision isn’t guaranteed. Your chances increase, however, when you rely on an experienced voluntary departure lawyer.

What Are Voluntary Departure Requirements for Post-Hearing Requests?

Post-conclusion requests are more difficult to obtain for you to relocate without deportation. Eligibility is determined once you meet several requirements, such as:

• Proving you’ve lived in the U.S. for a minimum of one year before receiving a removal order
• Paying a bond of $500 or more based on your circumstances
• Providing witnesses to attest to your good moral character for at least the previous five years
• Not being convicted of a felony

Your immigration attorney submits all documentation necessary for your voluntary departure requirements. Immigration judges often ask for valid travel documents or a passport that proves you’re allowed to enter your country of origin as well.

What if I Violate Voluntary Departure Orders?

Ramifications occur when you intentionally or unintentionally violate the conditions of leaving the U.S. voluntarily. It’s imperative to follow through with all conditions of your leave from the U.S. Not adhering to these conditions results in many consequences, including:

• The inability to return to the U.S. for three years, ten years, or never
• Receiving this approval only once
• An order of removal
• Fines ranging from $1000 to $5000
• Ineligibility to get a green card upon returning to the U.S.

Denial is not an appealable decision and results in deportation. Deportation occurs when a non-U.S. citizen participates in criminal activity, are deemed a threat to society or violate the conditions of their visa.

Do I Need a Voluntarily Departure Lawyer to Leave the U.S.?

Consulting with an immigration lawyer to help you understand which options are best for your unique situation is ideal. Voluntary departure immigration is often referred to as the last resort, but your voluntary departure immigration attorney is the only one who provides you with unbiased advice. If you qualify for asylum, cancellation of removal or adjustment of status, then leaving the U.S. voluntarily should only be considered once all other avenues are explored.

Leaving the U.S. most likely isn’t your preference, or you wouldn’t have traveled here in the first place to live and work. But if you can’t qualify for residency or a work visa now, your American dream is attainable even when you voluntarily leave. Adhering to the rules and regulations of immigration laws is imperative to secure future chances of visa or green card approval. Living in the U.S. as a permanent resident remains a possibility for you and your family when you contact Kats Immigration Law.