Voluntary Departure

Non-citizens of the United States can apply for voluntary departure under the Immigration and Nationality Act. They need permission from an immigration judge for voluntary departure and will need to leave the country at their own expense. Through voluntary departure, you can avoid going through complex removal processes and depart within a certain time instead.

What Is Voluntary Departure?

Voluntary departure is also known as a voluntary return or voluntary deportation. To do this, you would receive permission from either the Department of Homeland Security (DHS) or the immigration judge in charge of your removal proceedings. This depends on when you are seeking permission for voluntary departure.

Not everyone will qualify for voluntary departure. Generally, you will be ineligible for this grant if you are a criminal of an aggravated felony. If you receive permission, you may leave the country of your own free will. As such, you will cover all expenses of leaving the U.S., like transportation fares.

When Can I Request Voluntary Departure?

You can request for voluntary departure before appearing in court for removal proceedings, during a hearing in immigration court, or at the end of your court hearing. Depending on when you seek permission, you will face a specific authority.

Before Court Proceedings

You will face the DHS when requesting voluntary departure before appearing in court. A common example of this is when immigration officers arrest non-citizens and put them into a detention facility. Regardless of your reasons, you can usually get permission from the DHS to voluntarily depart without question.

When considering this option, be sure that voluntary departure makes sense for you. Perhaps you understand why immigration officers arrested you and you agree with their reasons. In this case, you can admit that you are removable from the country and prefer to leave on your terms.

However, getting permission from the DHS forfeits your right to apply for immigration relief. Without immigration relief, you will have no access to asylum or other immigration benefits such as adjustment of status. Consider speaking with an immigration attorney to discuss your situation and lay out your options before speaking with the DHS.

During Court Proceedings

You will face the immigration judge overseeing your court hearings if you pursue voluntary departure during court. Requesting voluntary departure during your removal proceedings grants you 120 days within the judge’s order to depart the country.

If you accept the immigration judge’s order, you forfeit your right to seek other relief applications, like cancellation of removal or adjustment of status.

Immigration judges tend to look at criminal records when deciding whether you can leave voluntarily. Thus, you might want to consult with an immigration attorney to help you review your case for potential evidence against your voluntary departure.

After Court Proceedings

You will also face the immigration judge in charge of your case when requesting voluntary departure after your court proceedings. This type of voluntary departure is also known as post-conclusion voluntary departure. It can be requested when the judge denies any relief applications you might have submitted.

Your immigration judge may grant post-conclusion voluntary departure if you:

• Were present in the country for at least a year before the court summoned you
• Have displayed good moral character for at least five years before requesting voluntary departure
• Face no aggravated criminal offenses
• Have established clear and convincing evidence and intentions to leave the country

Once the court grants your request for voluntary departure, you have a maximum of 60 days after the decision to leave the country. You must also post a bond equal to the necessary amount that ensures you will depart. After proving that you departed the country, you can request a refund of the bond amount.

Am I Eligible for Voluntary Departure?

Generally, you may qualify for voluntary departure as long as you have no record of engaging in an aggravated felony, such as:

• Sexual Offenses: You must not have committed rape and/or sexual abuse of minors.
• Murder: You must not have killed anyone while living in the United States.
• Firearms Offenses: You must not have possessed or used any prohibited firearms. Likewise, you must have no record of trafficking firearms and explosive devices into the country.
• Felony Alien Smuggling: You must not have aided non-citizens from entering the country unless it was your first alien smuggling crime. In this case, you must have been helping your husband, wife, child, or parent.
• Money Offenses: You must not have committed fraud or income tax evasion, where a victim lost over $10,000. Money laundering cases of over the same amount count under these offenses.

Aggravated felony charges also involve certain drug trafficking cases. Consider getting a lawyer’s perspective to determine whether your case still qualifies you for voluntary departure.

Why Should I Apply for Voluntary Departure?

Voluntary departure is a good idea if you don’t qualify for other forms of immigration relief while you’re in removal proceedings. It’s ideal if the government has already decided that they will remove you from the country.

Instead of going through the government’s complex system, departing voluntarily allows you to leave the country on your terms. If you were arrested and are in removal proceedings, you can leave jail early and have enough time to collect your things before leaving.

Next Steps

As a non-citizen of the U.S., voluntary departure involves potentially giving up your right to apply for immigration relief. This means you no longer wish to remain in the country and are willingly going back to your home country to avoid the government from forcibly removing you.

The self-deportation process is comprehensive, requiring the assistance of a seasoned immigration lawyer to ensure everything goes smoothly. Our attorneys at Reeves Immigration Law Group are happy to review your situation. Allow us to help you avoid costly, time-consuming legal proceedings when voluntarily departing the country.