Who Is Eligible for Voluntary Departure?

Many undocumented and legal permanent resident aliens are deported from the United States every year for various reasons. If you are facing deportation or removal proceedings in immigration court, either prior to or while in court proceedings, you may have the opportunity to argue that you should not be deported from the U.S. However, if you are unsuccessful you may ask the Immigration Judge to leave the country on your own and avoid receiving an order of deportation.

The request is known as "Voluntary Departure" and this article discusses who can request Voluntary Departure and whether it is likely to be granted to you.


What is the benefit to Voluntary Departure from the United States?

The biggest benefit of Voluntary Departure is that you will not receive the automatic bar from legally returning to the U.S. at a later date. You will need to qualify for a visitor visa or other U.S. visa to return, however.


Immigration Court


What happens after I am granted Voluntary Departure?

If the Judge granted your request for Voluntary Departure, then you will receive an official order specifying the time you are required to depart the United States, at your own expense. You will also be required to pay a specific bond fee, in the amount set by the Judge, within 5 days of the order.

If you were granted voluntary departure at your hearing, but you do not actually leave the U.S. during the given time period , then the voluntary departure automatically becomes a final Order of Removal.

If you or a loved one are in Deportation/Removal Proceedings and have questions about Voluntary Departure, we highly encourage you to contact our U.S. immigration attorney for a free consultation as soon as possible.

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