Voluntary departure from the United States as an immigration benefit

Voluntary departure from the United States as an immigration benefit

Voluntary departure from the United States as an immigration benefit

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Is signing the voluntary departure from the United States the best option, and will it bring you an immigration benefit? This is what some attorneys desperate to end an immigration case recommend to their clients who are in the country illegally, undocumented, or whose immigration status is uncertain.

The reality is that voluntary departure is not an immigration benefit but rather an agreement between the United States government and the immigrant who is in an illegal situation. Through this agreement, the unlawful immigrant signs their departure from the country, agrees to leave the United States within a certain period and covers the expenses of returning to their country of origin.

In addition to the pressure of some lawyers incapable of finding a better alternative for their clients, it is the immigration officials who intimidate the immigrant to sign this exit, under the argument that it will be something beneficial and that it is the last alternative they have left.

Some lawyers who are not properly trained to guide the immigrant do not suggest other options so that they can remain on US soil while their case is evaluated. This is why they recommend an exit that seems easy and the most appropriate but that can end the immigrant’s dream of settling in the United States.

What is a voluntary departure from the United States?

In an informative document, the Executive Office of Immigration Review (EOIR) of the United States Department of Justice explains that with the resource of voluntary departure, the immigrant will be able to agree with the government of that country to abandon the territory at a particular time to avoid a deportation order. This official institution explains that there are two types of voluntary departure: one pre-hearing and another after the hearing.

If the immigrant wishes to sign the voluntary departure pre-hearing, they must communicate their intention at the beginning of their immigration case. In the second case, they will have to notify their decision during the final hearing, but it will be harder to be granted.

As benefits of signing the voluntary departure, they indicate that a deportation order will not appear in the immigrant’s file. If signed, these orders can prevent the migrant from returning to the United States for up to ten years or disqualify them from obtaining certain immigration benefits.

This official government department says that after voluntarily leaving the United States, the immigrant “may have more opportunities to return legally,” such as applying for a visa from their country of origin or through the application of a family member who legally resides in the United States.

But what they do not mention are the disadvantages of signing the voluntary exit. One of them is that having opted for this measure may affect, in the future, obtaining a visa to enter the United States since it will be an element that consular officers will evaluate when evaluating your application.

Another disadvantage is that the migrant will have to cover the travel expenses from the United States on their own. On the other hand, if the immigrant does not leave voluntarily within the period they agreed to, they may face “severe consequences.”

To this must be added that whoever chooses a voluntary departure may be excluded from the possibility of requesting other immigration benefits to enter the United States, and this could even affect their future trips to other countries.

Who qualifies, and who does NOT qualify to sign a voluntary departure?

At either stage (before visiting an immigration judge or before the start of the final hearing), most immigrants qualify to apply to sign a voluntary departure from the United States, but there are exceptions.

If the immigrant has been convicted of an aggravated crime (such as murder, rape, drug trafficking, kidnapping, terrorism, child pornography, among others) or is considered deportable for reasons of national security, then they will not be eligible to sign the voluntary withdrawal agreement from the United States in any of the phases.

Immigrants subject to deportation for terrorist activities or because they are considered a danger to national security will not be able to make this request.

What documents will they ask me to request a voluntary departure?

There are several documents that you will have to present to an immigration judge to process voluntary departure. Below are some of the required ones:

• Record of employment, bills, utilities, or certificates of courses or activities that demonstrate how long you have lived in the United States.
• Copies of Green Cards or documents of family members who are legal permanent residents or US citizens.
• Bank statements proving that you have the financial capacity to pay for the return ticket to your country of origin.
• Letters from family, friends, employers, and religious leaders attesting that you are a person of good behavior.
• Documents and passports to be able to effectively leave the US and return to your country of origin.

Will the government immediately accept my request to leave the United States voluntarily?

Before visiting an immigration judge, you may ask to sign your voluntary departure, and you must do so immediately or within 120 days. In this case, they may ask you to pay a deposit, show your travel documents, and pay for your trip. This request must be made to an immigration officer before attending court.

But if you ask to sign the voluntary departure after immigration proceedings have already begun but before the final hearing, the immigration judge may grant you voluntary departure if you meet the following conditions:

• Have been physically present in the United States for more than one year.
• Have demonstrated “good moral character” in the five years prior to requesting voluntary departure.
• Not having been convicted of an aggravated crime.
• Prove that you have money to pay for your plane ticket and travel documents.
• You may have to pay bail of more than $500.

What are the consequences I will face after leaving the United States by signing the voluntary departure?

• If you sign for voluntary departure from the United States after having been in that territory for more than 180 days, you will not be able to return to the United States for three years.
• If you leave voluntarily after living in the United States for more than a year without legal status, you will not be able to return to the country until ten years later.
• If you illegally reenter the United States after a voluntary departure, this could result in a two-year penalty and more than $1,000 in fines.
• If a migrant requests voluntary departure and does not leave the country, once the last day of the deadline is met, the departure order will automatically become a deportation order. You will also not be eligible to apply for other types of relief for a period of ten years and may have to pay fines of up to $5,000.

How do I know if voluntary departure from the United States is what I need?

One of the biggest deceptions that they tell the migrants is that if they sign the voluntary departure, they will be able to return more easily legally to the United States in the future. Also, you are promised that adopting this measure will eliminate your immigration history, which supposedly makes it easier for you to enter this nation later.

As explained before, there are risks to signing the voluntary departure, and, ultimately, it could further hinder the migrant’s ability to return to the United States legally.

The best recommendation if you are being deported is to insist on seeing an immigration judge. And, to know the best alternative that suits your case, you need to receive advice from lawyers specialized in the matter, who will guide you throughout the process to make the most convenient decision.

Unfortunately, what happens in immigration courts is quite the opposite: many migrants come alone or accompanied by lawyers with no immigration experience, who request voluntary departure without explaining to clients that it is not a benefit and that they are exposed to a series of consequences and risks if they accept it.

In most cases, it is best not to request voluntary departure, except in cases where the immigrant has no possible defense against removal from the United States, such as withholding, asylum, NACARA, cancellation of removal itself, or a pending family application.

The difference between choosing the best alternative to stay in the United States or opting for voluntary departure is marked by receiving specialized advice from a team that can guide you throughout the entire process.

Consult with Kannan Law, immigration attorneys in San Diego, California, to find out if a voluntary departure from the United States benefits you. Do not leave such an important decision to chance or to the judgment of people who do not know how they can help you.