If you are facing removal proceedings and you feel hopeless that you will not be allowed to remain in the U.S, but might want to return in the near future, voluntary departure can be to your advantage.
What is a Voluntary Departure
Being granted a voluntary departure simply means that you are allowed to leave the United States by a specified date without an order of removal on your record. Departing voluntarily can protect a non-citizen from the harsh consequences of an order of removal. However, even compliance with a voluntary departure does not quite protect you from being found inadmissible and denied a visa if you seek to return to the U.S. in the future.
Ramifications of an Order of Removal
After having completed your immigration court proceedings for an order of removal the immigration judge that ordered you removed will demand that you physically leave the country at a said date and you will be transported by the U.S. government. If for some reason you appeal your case you will be able to remain in the U.S until a decision is made on your appeal. The removal order will contain the exact date of departure which is generally 30 days from the date of the issuance of the removal order.
There are many consequences if you are ordered removed or in fact are removed from the U.S. First, a foreign national who has been ordered removed is not admissible to the U.S. for five, ten, or twenty years or even permanently depending on the reason for the deportation order.
Now if after you re-entered the U.S. without permission after getting deported (or you even attempt to) and are caught, you could be sent back to your home country without getting an opportunity to appear before an immigration court judge and you could face federal criminal charges for illegal re-entry. Once you have been deported and you found out you have a new basis upon which to seek a U.S. green card or visa, you may apply for special permission to seek readmission into the U.S. Consult with an immigration lawyer to guide you through the process.
Another practical concern with deportation is the time frame allotted to leave the country. A simple 30 days is not enough time to settle your financial and personal affairs in the U.S., especially if you have been in the country for a long time and have personal property, real estate or significant community or social ties to the U.S.
Advantages of a Voluntary Departure
Voluntary departure has a number of benefits over an order of removal or deportation. Most importantly, leaving the U.S. on a voluntary departure, as opposed to being removed by an immigration judge, means that you are not automatically inadmissible from the U.S. for a number of years.
Furthermore, a granted voluntary departure carries with it a grace period of either sixty or one hundred-twenty days for you to leave on your own accord. The grace period allows more time to:
- Close Bank Accounts
- Terminate leases
- Sell real estate and personal property
- Visit family and friends and
- Make future living arrangements
Moreover, voluntary departure does not carry with it the stigma of deportation and it permits the U.S. government to avoid paying the expenses linked with your removal.
Setbacks of a Voluntary Departure
You should consider some setbacks of voluntary departure. First, if you do not follow through, the consequences of failing to depart the U.S. are serious. Secondly, even if you voluntarily leave as promised, you may still encounter difficulties with immigration upon your return to the U.S. For example, if you were unlawfully present in the U.S. for a continuous period of over one hundred eighty days but less than one year, you face a three-year time bar on returning to the U.S. If you were present in the U.S. illegally for more than one year, you will face a ten-year bar on returning even if you are otherwise eligible for a visa or green card. In this instance, you might be eligible for an immigration waiver (legal forgiveness) for the unlawful presence.
Will I Need Legal Help for a Voluntary Departure
When it comes to any immigration issue it is key that you get legal advice from an experienced immigration attorney. It is better to find out whether you are eligible or not for a voluntary departure. Call Gambacorta Law Office today at 847 443 9303 for more information.