Voluntary Departure: Pros and Cons

Voluntary departure is when an immigrant voluntarily leaves the U.S. without being given an order to do so from the U.S. government.

Failure to leave within the time stated will result in a fine and you will not be able to receive forms of assistance from deportation for at least ten years.

Generally the immigrant must leave within 120 days if voluntary departure is granted before immigration proceedings and within 60 days if it is granted after proceedings.

Several background checks including identity, law enforcement, and security checks are important in determining whether an individual should be granted the option of voluntary departure. Judges use background information to determine the moral character of the immigrant.

However, the Department of Homeland Security (DHS) recognizes how important it is to grant voluntary departure on a timely basis. Sometimes, voluntary departure is given without further delays in the process. This means that further time is given to DHS to complete background checks while judges decide requests on a case-by-case basis.

At times, changes can be made to the existing time limits that immigrants with voluntary departure are subject to. The request must be made before a certain date that marks the merits hearing. In this way, the judge may delay granting voluntary departure for up to 30 days before the end of the removal proceedings.

Pros:
·         Avoid an unexpected removal by government officials 
·         Avoid negative future consequences of immigration laws that ensure removal

Cons:

·         Departure must take place on time or else the immigrant will face severe consequences 
·         Departure is guaranteed

For more information on requesting and being granted volunteer departure, contact attorney Phillip Kim at www.pkimmigration.com or (619) 752-5379

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