What Is Voluntary Departure?

Voluntary departure provides a legal way for noncitizens to leave the country without the harsh consequences of deportation. It can preserve your ability to return to the U.S. in the future.

In this article, we’ll discuss how voluntary departure works. We’ll also explain how it’s different from self-deportation.

If you or someone close to you is facing removal proceedings or considering leaving the U.S., consult with an immigration attorney. You can share the details of your situation with them confidentially. They will not report you to immigration authorities, regardless of your immigration status.

What Is the Difference Between Voluntary Departure and Self-Deportation?

Voluntary departure differs significantly from self-deportation.

Self-deportation refers to when a person leaves the United States on their own after being in the country illegally. There is no paperwork or court hearing.

Voluntary departure is a formal legal process involving immigration authorities and the courts.

Keep in mind that immigration authorities consider a person to be illegally present if either of the following applies:

• They are in the U.S. for any amount of time without authorization
• They remain in the U.S. for any period of time after their authorized stay

Benefits of Self-Deportation

Self-deportation allows a foreign national to leave the country immediately. You do not have to wait for government approval or go through lengthy court proceedings.

You can also leave on your own timeline. There’s no need to post bonds or meet certain eligibility criteria. This approach also avoids potential detention during removal proceedings.

Legal Consequences of Self-Deportation

Self-deportation also creates significant legal consequences that voluntary departure helps avoid. Individuals who do not go through proper legal channels face two risks:

• You might trigger immigration violations
• You may miss the chance to apply for relief from deportation

Those who stay in the U.S. unlawfully for more than 180 days are subject to either a three-year or ten-year bar. If you self-deport, you do not have an official record of authorized departure.

This means that if you self-deport, you may not be allowed to return to the United States for a very long time.

Benefits of Voluntary Departure

Voluntary departure gives people the chance to leave without the harsh consequences of a deportation order. These can include temporary or permanent bars to reentry.

One of the primary benefits of voluntary departure is that you will not have an order of removal on your immigration record. This means you have a higher chance of reentering the U.S. sooner than someone with a deportation record.

A person with a deportation order might be prevented from entering the U.S. for up to ten years. They could also be ineligible to apply for certain immigration benefits, such as adjustment of status or cancellation of removal.

A noncitizen who chooses voluntary departure could also have legal options to return to the United States. They could apply for a non-immigrant visa, or their family members in the U.S. could apply for them to re-enter the country as lawful permanent residents.

Disadvantages of Voluntary Departure

Voluntary departure does not automatically end all immigration consequences. Immigration officials can still apply unlawful presence bars. These apply to those who stayed in the country illegally for a certain period of time before their voluntary departure.

Those who unlawfully stay in the U.S. for 180 days to one year could face a three-year bar. Noncitizens who were unlawfully present in the U.S. for a year or more could potentially face a ten-year bar from returning to the U.S.

A noncitizen who voluntarily departs must leave the U.S. at their own expense. Either an immigration court or immigration authorities will provide a strict timeframe, often between 60 and 130 days.

Accepting voluntary departure also means waiving other rights to seek relief from deportation. This includes the right to appeal the immigration judge‘s decision.

Who Is Eligible for Voluntary Departure?

Eligibility for voluntary departure varies based on when it occurs during the removal process. The requirements become stricter as proceedings advance.

Pre-Hearing Voluntary Departure Requirements

Pre-hearing voluntary departure happens before the judge makes a final decision on your removal case.

For a noncitizen to be eligible for voluntary departure before the hearing, they must:

• File a request for voluntary departure on or before the final hearing
• Recognize that they are not allowed in the U.S. due to their unlawful presence or other grounds for inadmissibility
• Waive or withdraw any application for relief from removal, such as cancellation of removal or a stay of removal
• Provide evidence of their intention and financial capacity to leave the country
• Prove they are a person of good moral character without a significant criminal record

At this stage, the noncitizen must admit their removability from the United States. They also waive their right to appeal the immigration judge‘s removal order.

Post-Conclusion Voluntary Departure Requirements

After a full hearing, a post-conclusion or post-hearing voluntary departure is requested. At this point, the immigration judge has already made a final order of removal.

For a noncitizen to qualify for a voluntary departure at the conclusion of proceedings, the applicant must:

• Show they were physically in the United States for at least one year before receiving a Notice to Appear from the U.S. government
• Submit a bond of at least $500 (the court can set a higher bond)
• Submit evidence of their financial ability and intention to leave the U.S.
• Show proof of good moral character for at least five years

Someone subject to removal based on a criminal conviction cannot choose voluntary departure.

Disqualifying Criminal Convictions

Certain criminal convictions can make an individual ineligible for voluntary departure. They are also ineligible for other forms of relief from removal or deportation.

These crimes include:

• Security-related offenses such as terrorism or espionage
• Murder
• Trafficking offenses
• Crimes of violence punishable by imprisonment of five years or more in prison

Someone with multiple criminal convictions may also not have the option to leave voluntarily. These can include misdemeanors.

When Can You Apply for Voluntary Departure?

The Department of Homeland Security (DHS) or an immigration judge has three different stages where they may order voluntary departure:

• Before removal proceedings start
• Before the completion of removal proceedings
• At the end of the removal proceedings

Let’s take a look at each stage.

Before Removal Proceedings Start

If removal proceedings haven’t started yet, Immigration and Customs Enforcement (ICE) can give a person 120 days to voluntarily depart. The noncitizen does not need to appear in court.

During this period, the noncitizen gives up the right to seek other forms of relief, such as:

• Asylum
• Adjustment of status
• Cancellation of removal

The noncitizen must file a request and agree to the terms and conditions of voluntary departure. They must show they have travel documents or a valid passport and enough funds for the trip. DHS may also set any other requirements necessary to ensure the noncitizen’s timely departure.

Before Completion of Deportation Proceedings

An immigration judge may issue a voluntary departure before the completion of removal proceedings. This can only happen at the respondent’s request.

At the End of the Removal Proceedings

At the end of the removal proceedings, the judge may order voluntary departure within 60 days. The immigration judge may also impose any other conditions for voluntary departure as they deem necessary.

What Happens if You Fail To Leave Under Voluntary Departure?

Failing to leave the country after being granted voluntary departure can lead to civil penalties, including:

• A civil fine of $1,000 to $5,000
• Ineligibility to receive any further relief for ten years

Voluntary departure orders automatically convert to removal orders if you don’t leave by the deadline set by the court. This can have serious legal consequences.

Seek Legal Help for Voluntary Departure

If you’re concerned about the possibility of deportation, it’s important to weigh your options carefully. To ensure you understand the consequences of voluntary departure and your eligibility, it is best to seek legal advice. A lawyer can help evaluate your eligibility for voluntary departure. They can show you how to navigate the complex requirements of immigration law and ensure you make the best decision.

With their in-depth knowledge of immigration laws and dealing with U.S. Citizenship and Immigration Services (USCIS), an immigration lawyer can be a powerful ally. They can help you find your best course of action and guide you to make an informed decision. You can speak with them confidentially, even in the initial consultation. Whether you decide to hire them as your lawyer or not, they will not report you to immigration authorities.