Answer By law4u team
A detained immigrant may choose voluntary deportation, a process where they agree to leave the United States on their own terms rather than go through a formal removal order. This decision may be motivated by several factors, including the desire to avoid a lengthy court process or to expedite their return to their home country. However, this decision comes with both advantages and potential long-term consequences.
Steps and Procedures for Voluntary Deportation:
Request Voluntary Departure:
The detained immigrant must request voluntary departure either during an immigration court hearing or through their attorney. They must indicate to the court that they wish to leave the U.S. voluntarily and return to their home country.
The immigration judge must approve this request. If granted, the immigrant will be given a period (usually 60 days) to leave the country.
Eligibility for Voluntary Departure:
The immigrant must not have a history of certain criminal activities, such as aggravated felonies, or a record of immigration violations that would disqualify them from voluntary departure.
They must agree to leave the U.S. and provide proof of departure. If they fail to leave voluntarily, they can face a bar to reentry, which may prevent them from returning to the U.S. for several years.
Financial and Logistical Support:
In some cases, immigrants may receive assistance with travel expenses to their home country, but this depends on their specific case and detention center policies.
They will typically need to arrange their own travel documents, such as a passport or travel visa, to leave the U.S.
Completion of the Process:
Once the immigrant leaves the U.S., they must ensure they complete the voluntary departure process by notifying immigration authorities or the immigration court of their departure.
Benefits of Voluntary Deportation:
Avoiding a Formal Removal Order:
Voluntary departure allows the immigrant to avoid a formal removal order, which could carry more severe consequences for future immigration applications.
It is often seen as a more favorable option compared to a deportation order, which can be recorded as an aggravated deportation.
Minimized Bar to Reentry:
Voluntary deportation generally results in a shorter bar to reentry compared to formal deportation. An immigrant who voluntarily departs may be eligible to apply for a U.S. visa or entry after a shorter period, typically 3 to 10 years, depending on their case.
Control Over the Departure Process:
Immigrants can leave the U.S. on their terms, without the stress of a drawn-out legal process. This may offer a greater sense of control over their future and the timing of their departure.
Risks and Limitations:
Bar to Reentry:
If the immigrant voluntarily departs after being ordered to leave, they may still face a bar to reentry into the U.S. for a specific period, usually 3 or 10 years, depending on the situation. This could severely limit their ability to return to the U.S. in the future.
Ineligibility for Certain Relief:
Choosing voluntary deportation may mean the immigrant cannot apply for certain forms of relief, such as asylum or adjustment of status, in the future while outside the U.S.
Impact on Family and Future Immigration Options:
The decision to voluntarily depart may impact the immigrant's family, especially if they are leaving U.S. citizen children or spouses behind. It may also affect future opportunities for family reunification.
Travel and Reentry Challenges:
The immigrant may encounter challenges in returning to the U.S. if they are deemed inadmissible or if they have accrued unlawful presence during their time in the U.S. This could complicate future visa or immigration applications.
Legal Protections and Considerations:
Waiver Options:
In some cases, there may be waiver options available for the bar to reentry, especially if the immigrant can demonstrate extreme hardship to a U.S. citizen or legal permanent resident relative.
Consultation with an Immigration Attorney:
It is important for detained immigrants to consult with an immigration attorney before choosing voluntary departure to understand the full legal implications and ensure that they are making an informed decision.
Example:
A detained immigrant from El Salvador facing deportation proceedings may choose voluntary departure rather than wait for a formal removal order. By requesting voluntary departure, they avoid a formal removal order and leave the U.S. on their terms within 60 days. After departure, they may face a 10-year bar to reentry, but this is often seen as a better option than the indefinite legal consequences of a deportation order.
