What is Voluntary Departure?

Voluntary Departure is an option in U.S. immigration law that allows an individual who is in removal proceedings to leave the country voluntarily, rather than being formally deported. This option is not available in all cases of deportation, and the individual must meet certain criteria in order to qualify for voluntary departure.

Key Takeaways

• Voluntary Departure is an option in U.S. immigration law that allows an individual who is in removal proceedings to leave the country voluntarily, rather than being formally deported.
• This process is not available in all cases of deportation and is subject to exceptions.
• It is highly advisable to seek legal counsel when considering voluntary departure to ensure eligibility and understand the full process.

Voluntary Departure vs. Deportation

Voluntary departure and deportation are distinct processes for non-citizens to leave a country, each with its own implications. Voluntary departure occurs when an individual chooses to leave the country of their own accord, often after being ordered to do so by immigration authorities. In contrast, deportation is a forced removal carried out by immigration officials.

Voluntary departure offers several benefits over deportation. Firstly, it typically allows individuals more time to prepare for their departure. It gives them the opportunity to properly settle their affairs, such as selling property, closing bank accounts, or making other arrangements. This process is generally less rushed and stressful than deportation. Further, voluntary departure can have less severe consequences for future immigration prospects. Those who depart voluntarily may have an easier time reentering the U.S. This can be crucial for individuals who hope to return legally in the future.

It is critical to keep in mind, however, that there are a few potential drawbacks of voluntary departure. For example, if you do not depart the United States after agreeing to a voluntary departure, the consequences are severe. 

Eligibility for Voluntary Departure

It is important to note that voluntary departure may not be available to you in all circumstances. Common requirements for voluntary departure include:

• You have not been convicted of an aggravated felony or are deportable for national security reasons
• Physical presence in the U.S. for at least one year immediately preceding the date the individual was placed in removal proceedings
• The individual has demonstrated clear and convincing evidence that he or she has the means to voluntary leave the U.S. and intends to do so
• The individual has had good moral character for at least 5 years immediately preceding his or her voluntary departure application 
• The individual has posted a voluntary departure bond that will be canceled upon proof that he or she has departed the U.S. within the required time period

Bottom Line

Voluntary departure is an alternative to deportation that allows individuals to leave the country on their own accord, without being forced out by Immigration and Customs Enforcement (ICE). This process offers several advantages, including more time to prepare for departure, potentially shorter bars on future reentry, and less severe immigration consequences. To find out if voluntary departure is an option for you, connect with a professional immigration lawyer at Attorney At Law today.