Voluntary departure and deportation are two distinct processes in the U.S. immigration field. But did you know that there is a difference between these two processes? While voluntary departure implies leaving the country at your own expense and let’s you avoid legal consequences, deportation entails expulsion by a judge’ s decision, and the prohibition of re-entry.
If you want to know how these two processes that affect your immigration status differ, at Jaskot Law, we explain it to you so that you can make sound decisions to ensure your future in the country.
Voluntary departure vs deportation: What are the differences?
Immigration and policies related to immigration status are highly relevant issues in the United States. Two key concepts to understand are voluntary departure and deportation.
On the one hand, voluntary departure implies that a person who is in the country irregularly decides to leave the country at his or her own expense, thus avoiding the legal and criminal consequences of deportation.
On the other hand, deportation is a legal action imposed by an immigration judge due to violations of immigration law or criminal offenses, with possible repercussions for future immigration proceedings and barred re-entry.
Although both terms refer to the departure of individuals who are in the country irregularly, there are significant differences between them, which will be discussed below.
What is a voluntary departure?
Voluntary departure refers to the process in which a person who is in the United States irregularly decides to leave the country at his or her own expense, without a deportation order being imposed.
Although voluntary departure is not a suitable option for all cases, it has certain advantages, which are detailed below:
- Personal decision: voluntary departure is a personal choice. The individual makes the decision to leave the country, and may do so within a period of time determined by the immigration authorities. This gives him or her some control over the timing and circumstances of the departure.
- Fewer legal consequences: By opting for voluntary departure, the individual avoids facing the legal consequences associated with deportation. It is not considered a deportation order, which may have positive implications in future immigration proceedings.
- Prohibition on re-entry: Voluntary departure does not impose an automatic prohibition on re-entry to the United States. However, it is important to keep in mind that there are other circumstances and legal violations that could affect eligibility to re-enter the country.
Do you still have doubts about what voluntary departure from the United States is all about? At Jaskot Law, we have all the information you need. Consult our articles or contact us to answer any questions you may have.
What is deportation?
Deportation, also known as removal, is the legal process by which a person who is in the United States unlawfully is removed from the country by order of an immigration judge.
In addition, it is an action imposed by immigration authorities as a result of violating immigration law or committing criminal offenses. The main characteristics are presented below:
- Court order: Deportation results from an order issued by an immigration judge after a legal process. This implies that the individual has appeared before an immigration court, and has been determined to be inadmissible or in violation of the law.
- Legal and criminal consequences: Deportation may have legal and criminal consequences for the affected person. Depending on the circumstances, the individual may face difficulties in obtaining future visas or permits to enter the United States. In addition, there may be a prohibition on re-entry for a specified period of time.
- Enforcement requirement: In some cases, people subject to deportation may be detained, and must comply with removal proceedings. This can lead to detention in immigration detention centers until the process is completed.
If you have a deportation order and do not know what to do, contact Jaskot Law, and their team specialized in immigration law will help you. Don’t waste time!
What is the difference between voluntary departure and deportation?
While both voluntary departure and deportation involve the departure of individuals who are in the United States irregularly, there are important differences between the two processes. The following are some points of comparison and considerations:
- Choice vs court order: Voluntary departure is a personal choice, while deportation is a legal action imposed by an immigration judge.
- Legal consequences: Voluntary departure offers an option to avoid legal and criminal consequences, although there may be other immigration restrictions, while with deportation, the individual may face difficulties in obtaining future visas or permits to enter the United States.
- Re-entry ban: Voluntary departure does not automatically impose a re-entry ban, whereas with deportation, you may be temporarily or even permanently barred from re-entering the country.
- Timing and process: Voluntary departure allows some flexibility as to the timing of departure, while deportation is subject to legal deadlines, and may involve detention.
Conclusion
Both voluntary departure and deportation are distinct processes in the U.S. immigration field. Voluntary departure offers the possibility of leaving the country at one’s own expense, avoiding the legal and criminal consequences of deportation.
On the other hand, deportation is a legal action imposed by an immigration judge due to violating immigration law or committing criminal offenses. Both processes have significant implications for affected individuals, and it is important to understand the differences between them.
Facing situations involving both voluntary departure and deportation is not easy. But don’t worry, at Jaskot Law, we are experienced immigration attorneys dedicated to providing you with all the information you need to make informed decisions with peace of mind.
Sources
U.S. Government – Voluntary Departure
Frequently Asked Questions
What is a voluntary departure?
Voluntary departure refers to the process in which a person who is in the United States irregularly decides to leave the country at his or her own expense, without a deportation order being imposed.
What is deportation?
Deportation, also known as removal, is the legal process by which a person who is in the United States unlawfully is removed from the country by order of an immigration judge.
What is the main difference between voluntary departure and deportation?
Voluntary departure implies that a person who is in the country irregularly decides to leave the country at his or her own expense, and thus avoid legal and criminal consequences, while deportation is a legal action imposed by an immigration judge due to violating immigration law or committing criminal offenses.
Can a person who has been deported return to the United States in the future?
Depending on the circumstances, a person who has been deported may face restrictions on re-entering the United States. Deportation may involve a re-entry ban for a specified period of time, or even a permanent ban in some cases.
Can I apply for voluntary departure if I already have a deportation order?
In general, if you already have a deportation order, it is not possible to apply for voluntary departure. Voluntary departure is generally offered to individuals who do not yet have a deportation order, and who make the decision to leave the country.
Kemel stands out as a professional in writing and translating content for the Latin American market. With more than four years of experience, he began his professional career as a member of a research group, with which they dealt with various topics and wrote several scientific papers.
