J. Molina Law Firm PLLC

What is Voluntary Departure?

Voluntary departure is a possibility if you have little prospect of being permitted to stay in the United States but may desire to return in the future. Non-citizens in removal proceedings in the United States are given the option of voluntary departure, which is preferable to being deported. 

After getting a removal order, a person may not be able to legally come back to the United States for a few years, and if they do so anyway, they could face civil and criminal consequences. With voluntary departure, you can make your own plans to leave the United States without having to go with government officials. Even though you’ll be responsible for covering your travel plans and expenses, you may be given an extra 60–120 days to get out of the country (as opposed to the 30 days deadline deportation orders have). 

Even though you are not automatically inadmissible after a voluntary departure and there is no record of deportation in your immigration file, you could be found inadmissible and denied a visa if you try to get back into the United States. 

If you were in the US illegally for more than 180 days but less than 365 days, you can’t come back for three years. If you were in the U.S. illegally for more than a year, you will be banned from entering for ten years. However, you might be able to get an immigration waiver for the illegal stay. 

Also keep in mind that if you do not leave the United States after being granted voluntary departure, you might face serious immigration consequences. 

Give us a call right away if you’d want to request a voluntary departure or learn about your choices in immigration court. Call 469-708-5800 or schedule online today for an initial consultation with an experienced deportation defense attorney. Please know that we will do all in our power to protect your American dream!