Voluntary Departure vs. Deportation Order

1. What is the difference between voluntary departure and a deportation order?


Voluntary departure is a form of relief from removal proceedings, which is granted by an immigration judge. It allows a foreign national to voluntarily leave the United States within a specified period of time. A deportation order is an administrative or judicial order issued by an immigration judge or by the Department of Homeland Security that requires a foreign national to leave the United States. It carries more severe consequences than voluntary departure as the foreign national may be subject to civil or criminal penalties if they fail to comply with the order.

2. What are the consequences of being deported versus voluntarily departing?


If someone is deported, they are forcibly removed from the country by the government. This means that they will be unable to return to the country for a certain period of time, and may be subject to criminal penalties if they attempt to re-enter without permission.

If someone voluntarily departs, they are leaving the country with permission from the government. They may still be subject to criminal penalties if they attempt to re-enter without permission, but they may be able to return sooner than if they had been deported.

3. Are there any immigration benefits associated with voluntary departure versus deportation?


There are several immigration benefits associated with voluntary departure versus deportation. First, individuals who depart voluntarily are allowed to apply for a reentry permit from outside the US that would allow them to reenter the US lawfully. Second, voluntary departure does not create any immigration bars, meaning individuals who depart voluntarily can immediately apply for any nonimmigrant visas (such as student and work visas) or permanent residence in the United States without delay. Finally, a voluntary departure does not result in the individual being labeled as “inadmissible” or “deportable,” which could affect their future applications for immigration status in the United States.

4. What steps must be taken in order to voluntarily depart from the US?


In order to voluntarily depart from the US, the individual must file Form I-407, Record of Abandonment of Lawful Permanent Resident Status, with the Department of Homeland Security (DHS) or U.S. Citizenship and Immigration Services (USCIS). The individual must also return their Permanent Resident Card (Green Card) along with the completed form. In addition, the individual must leave the US on an authorized date specified by DHS/USCIS and obtain a valid travel document from their home country’s consulate or embassy. Finally, they must complete a formal exit interview with an immigration official at the airport prior to departure.

5. Is voluntary departure from the US an option for those with criminal convictions?


No, voluntary departure from the US is not an option for those with criminal convictions. Those with criminal convictions may be subject to removal proceedings and deportation, depending on the severity of their offenses.

6. How long does a voluntary departure last as opposed to a deportation order?


A voluntary departure generally lasts 30 days, while a deportation order can be indefinite.

7. Does a voluntary departure or deportation order affect the ability to apply for permanent resident status?


Yes, a voluntary departure or deportation order can affect an individual’s ability to apply for permanent resident status. The order can result in a 3- or 10-year bar to re-entering the United States. This means that an individual who has been issued such an order must wait the stated amount of time before being able to apply for a green card or other permanent residence status.

8. How does a person’s status change after departing voluntarily compared to a deportation order?


A person’s status after departing voluntarily is the same as it was before departure. They are still considered to be in the United States and subject to the same immigration laws. A person who is subject to a deportation order is no longer legally present in the United States, and they are not eligible for any immigration benefits. Additionally, a person who has been subject to a deportation order will need to apply for permission to re-enter the United States, and they may face other restrictions or penalties upon re-entry.

9. Can a person’s accrued time in the US count towards permanent residency if they voluntarily depart?


No, a person cannot use their accrued time in the US as credit towards achieving permanent residency if they voluntarily depart. In order to become a permanent resident, they must go through the necessary channels for obtaining a green card or applying for a visa. Additionally, any time spent in the US must be done legally and with permission from the US government.

10. What are the financial costs associated with voluntary departure and deportation orders?


The financial costs associated with voluntary departure and deportation orders vary depending on the individual situation. Generally, individuals who voluntarily depart are responsible for the cost of their travel to their home country. Individuals who are subject to a deportation order may have to pay for the cost of transportation from the US and any associated fees. Additionally, individuals who are repatriated through deportation may be subject to fines or other penalties imposed by the government.

11. What are the risks of voluntarily departing from the US as opposed to being deported?


The risks of voluntarily departing from the US as opposed to being deported are:

1. Voluntary departure is not the same as a lawful admission, so the individual may not be able to return to the US for a certain period of time or indefinitely.

2. If the individual was placed in removal proceedings, they may be barred from re-entering the US for a certain amount of time or indefinitely.

3. If the individual was granted voluntary departure, they may have to pay a bond and will be responsible for all costs associated with their departure.

4. The individual may be subject to removal proceedings if they violate any conditions of their voluntary departure agreement.

5. The individual may have difficulty obtaining visas for other countries if they have been granted voluntary departure.

12. Are there any legal options available to those facing voluntary departure or deportation?


Yes, there are legal options available to those facing voluntary departure or deportation. Depending on the situation, individuals may be able to pursue asylum, humanitarian parole, waivers of inadmissibility, cancellation of removal, or other relief from removal. Individuals should consult with a qualified immigration attorney to review their case and determine the best legal options available.

13. Is voluntary departure from the US an option for individuals facing an imminent deportation order?


Yes, voluntary departure is an option for individuals facing an imminent deportation order. Voluntary departure is an option that allows individuals to leave the U.S. on their own accord without having to go through the deportation process. Under this option, individuals must agree to leave the U.S. with their own funds within a certain time limit. If individuals fail to leave the country by this deadline, they will be subject to a formal deportation process.

14. How can one prepare for voluntary departure versus deportation?


Preparing for voluntary departure is much easier than preparing for deportation. For voluntary departure, you need to make sure you have all the necessary documents ready, such as travel documents, birth certificates, and valid identification. You should also contact an attorney if you are uncertain about any aspect of your situation. Additionally, make sure you have the financial resources to cover your travel and living expenses once you leave the country. For deportation, you should contact an immigration attorney right away to discuss your case. Your attorney can explain the process to you and help you determine whether it’s possible to avoid deportation or fight the order in court.

15. Is it possible to appeal a deportation order or a voluntary departure ruling?


Yes, it is possible to appeal a deportation order or a voluntary departure ruling. The appeal must be filed with the Board of Immigration Appeals (BIA) within 30 days of the decision by the immigration judge or other immigration court. An attorney experienced in immigration law can help you file an appeal and ensure that all necessary documents are included.

16. Are there any humanitarian considerations taken into account when evaluating cases involving voluntary departure and deportation orders?


Yes, humanitarian considerations are taken into account when evaluating cases involving voluntary departure and deportation orders. These considerations may include factors such as the individual’s length of residence in the United States, family ties in the United States, hardships that would face the individual or his or her family if the individual were to be removed, and other humanitarian factors.

17. Does an individual have control over their voluntary departure or deportation process?


No, an individual does not have control over their voluntary departure or deportation process. The decision to grant voluntary departure or deportation is made by the immigration court or Immigration and Customs Enforcement (ICE).

18. Can an individual who has been deported from the US apply for voluntary departure in the future?


No, once an individual has been granted or ordered to be removed or deported from the United States, they are no longer eligible to apply for voluntary departure in the future.

19. Are there any particular documents that must be filed when applying for voluntary departure or deportation order relief?


Yes. Depending on the type of relief being requested, applicants may need to fill out and submit a number of documents, such as Form I-290B, Notice of Appeal or Motion to the Board of Immigration Appeals; Form I-360, Petition for Non-Immigrant Worker; Form I-485, Application for Adjustment of Status; Form I-765, Application for Employment Authorization; and Form I-914, Application for T Nonimmigrant Status. Additionally, applicants will also need to provide evidence of eligibility and any other relevant documents as required by U.S. Citizenship and Immigration Services (USCIS).

20. Are there any alternatives to voluntary departure or deportation orders available to individuals facing removal from the US?


Yes, there are a few alternatives to voluntary departure or deportation orders available to individuals facing removal from the US. These options include:

• Legalization – This is an opportunity to adjust your immigration status to become a lawful permanent resident.

• Waivers – A waiver may be available for certain criminal or immigration violations.

• Asylum – Individuals may be eligible to apply for asylum in the US if they have been persecuted or fear persecution due to race, religion, nationality, membership in a particular social group, or political opinion.

• Cancellation of Removal – This type of relief allows certain individuals who have been present in the US for at least 10 years and who can demonstrate good moral character and extreme hardship to a family member who is a US citizen or lawful permanent resident to remain in the US.

• Adjustment of Status – This option allows certain individuals with an immigrant visa petition, such as those with family-based or employment-based visas, to adjust their status to become a lawful permanent resident.