Although voluntary departure might seem like a difficult prospect, it may be the most appropriate solution for those facing legal consequences and potential deportation. As the name implies, this involves leaving the United States of your own free will. At first, this might seem exactly like deportation – something you’re obviously trying to avoid. However, voluntary departure offers numerous benefits. You may want to discuss voluntary departure with your immigration lawyer in Dallas, as this strategy may not be effective for everyone.
Why Would I Choose Voluntary Departure?
Voluntary departure might represent a solid plan if your deportation is all but assured. If you have no way of avoiding deportation, you might as well pursue a more lenient penalty – which is exactly what voluntary departure is all about. Normally, deportees face travel bans for significant periods of time as conditions of their removal. Often, this period is 10 years. In other words, you will not have the right to return to the United States for a whole decade after your removal – not even to visit friends and family for a short time.
Voluntary departure may remove this travel ban, allowing you to return to the United States after your removal. Although you are still considered “deported” by the immigration authorities, you receive more lenient penalties because you left willingly.
Obviously, this incentivizes people to give up on deportation hearings and “accept their fate,” so to speak. From a US perspective, offering an incentive to leave the country willingly reduces court hearings, paperwork, and even ICE activities.
Only an experienced immigration lawyer in Texas can tell you whether a voluntary departure is truly the right choice. It may make more sense to attend your deportation hearing and fight to stay in the country. If your lawyer believes you have a solid chance of success at the deportation hearing, they may recommend that you refuse voluntary departure.
However, this course of action is risky. If you fail to achieve a positive outcome at your hearing, you will get deported and receive a 10-year travel ban. As a result, some people might want to “play it safe” and take the easy option. Voluntary departure is similar in concept to a plea deal.
What Happens After Voluntary Departure?
If you leave voluntarily, you may be able to return to the United States within a relatively short timeframe. However, this is not guaranteed – and a travel ban may still apply. Your ability to re-enter the country depends entirely on your unique circumstances. Let’s say you are a resident of a country that participates in the Visa Waiver Program. For example, you might have voluntarily departed back to Canada. In this case, you might be able to re-enter the country with few steps or visa requirements.
If you do not live in a country that participates in the Visa Waiver Program, you can apply for a travel visa instead. This might be a normal travel visa, which allows you to stay in the country for a certain amount of time. This step might be attractive for those who wish to visit family still living in the United States. You might also have an “advance reentry permit” that remains valid, or you may claim refugee status. There are many options for re-entering the United States after a voluntary departure, and you can discuss them with your immigration lawyer.
Perhaps the most important step that may occur after voluntary departure is family sponsorship. Immediately after you leave the country, your family member can begin the process of obtaining a family visa on your behalf. This might be a parent, spouse, or adult child. This means that you could still have a future in the United States despite being forced to leave. Deportation does not offer this route to permanent residence.
Voluntary Departure Leads to Fewer Criminal Penalties for Subsequent Re-Entry
Re-entering the United States without permission is always a bad idea, regardless of your circumstances. However, re-entering after being deported is not the same as re-entry after voluntary departure. If you attempt to illegally re-enter the country after being deported, you face a felony offense and up to 20 years in prison. If you enter the country illegally after voluntary departure, you only face a two-year re-entry ban and a $1,000 fine. This is definitely something to keep in mind, and it is another potential benefit of voluntary departure.
How Do I Get Voluntary Departure in Texas?
If you want to pursue voluntary departure in Texas, there are a few things to keep in mind. First, you must have the financial means to fund your travel out of the country and back to your home nation. This might involve purchasing a flight ticket or traveling on a bus across the border. If you choose voluntary departure, it is your responsibility to physically remove yourself from the country. In contrast, the United States government pays for your removal if you are forcibly deported.
If you are curious about voluntary departure, you must begin the process before you see an immigration judge. The Departure of Homeland Security has the authority to grant your voluntary departure, as long as you did not engage in terrorism or aggravated felonies during your time in the United States. You must also request approval before going to court, and you may need to show your travel documents.
Can an Immigration Lawyer in Texas Help Me With Voluntary Departure?
An experienced immigration lawyer in Dallas may be able to help you organize and plan your voluntary departure. This strategy offers numerous benefits, but perhaps the most important advantage is the ability to re-enter the United States without issues in the future. That being said, voluntary departure in Texas might not be the most appropriate solution for everyone. Work with an established immigration firm like The Presti Law Firm, PLLC, and you may even be able to remain in the country. Continue this conversation by scheduling a consultation with us today.