Living in another country can always be a challenge. Whether for work, study, or simply seeking a better quality of life, foreigners moving to the United States can face a number of obstacles.
In some cases, they may be forced to return to their home countries earlier than planned. This is how voluntary departure from the United States came about, an option that allows immigrants to leave the country without facing the consequences of deportation.
What is a voluntary departure?
A voluntary departure from the United States is an option available to immigrants who are in the country without legal authorization and choose to return to their home countries without facing the consequences of deportation.
This agreement is made between the individual and the U.S. Department of Homeland Security (DHS) or the immigration judge. The immigrant agrees to leave the country within a certain period of time (generally between 30 and 120 days) without a deportation order.
Voluntary departure is considered a more “friendly” option than deportation, as the immigrant does not face the legal consequences of deportation. In addition, it may be a more convenient option, since it may give you more time to prepare for your departure, and make the necessary arrangements to return to your home country.
It is important to note that voluntary departure from the United States does not grant any legal status to the immigrant, nor does it allow the immigrant to return to their country without legal permission in the future.
So, this option may be useful for those immigrants who want to return to their home countries without suffering the legal consequences of deportation. However, if you are eligible for asylum, cancellation of removal, regularization of your immigration status, or some other remedy, it is advisable that you consult with a professional, as it may be more beneficial to proceed with your case, rather than requesting voluntary departure.
Who can apply for voluntary departure?
Voluntary departure from the United States may be an option for any foreigner who is in the country without legal authorization.
However, it is important to note that not all cases are eligible. The final decision will at the sole discretion of the DHS or the immigration judge, and the individual situation of each immigrant.
In general, it is considered more likely that voluntary departure from the United States will be granted to those who:
- have been in the country for a short period of time.
- have no criminal record.
- have cooperated with the immigration authorities during the process.
Do you want to know whether you qualify for voluntary departure from the United States? At Jaskot Law, we can help you! Contact us today for a consultation, and discover your immigration options. Please, call us at +1 (410) 235-6868 or email us to [email protected].
What is Form I-94, and what is it for?
Form I-94 is an entry and exit record that foreigners entering the United States must complete. It serves as proof of the foreigner’s legal entry into the country, as well as the duration of their authorized stay.
Form I-94 has traditionally been used in paper form, but since April 2013, an electronic version has been implemented, which can be obtained online.
For foreigners entering the country by air or sea, the Form I-94 is automatically generated, and does not need to be completed manually. However, for those entering by land, it is still required to complete the Form I-94 by hand.
It is important that foreigners entering the United States retain their Form I-94, as it serves as proof of legal entry and authorized length of stay in the country. If you lose your Form I-94, you can request a copy through the Department of Homeland Security (DHS) website by filling out the Form I-102.
The Form I-94 is crucial because, if foreigners remain in the country after the form’s expiration date, they are considered to be in the country illegally. This can have serious consequences, such as inadmissibility to the United States, or difficulty in obtaining a visa in other countries in the future.
How do I apply for voluntary departure from the United States?
If an undocumented immigrant wishes to apply for voluntary departure from the United States, he or she may do so by following the steps below:
Contact an immigration attorney
It is advisable that immigrants consult with an immigration attorney to determine whether voluntary departure is the best option in his or her case, and to obtain legal advice about the process.
Notify the corresponding authority
You must notify the U.S. Immigration and Customs Enforcement (ICE), or the immigration judge, of your intention to apply for voluntary departure from the United States. The immigrant will receive a notice from the corresponding authority setting out the conditions and time limits for voluntary departure.
Pay the costs
You must pay the cost of the voluntary departure. The amount is around 545 dollars. However, depending on your case, the amount could increase.
Leave the country
You must leave the country within the period established by the ICE, which is generally between 30 and 120 days, depending on the case. It is important that you comply with the established deadline; otherwise, you will lose the benefit of voluntary departure.
Please, note that voluntary departure does not grant any legal status to the immigrant in the United States, nor does it allow him/her to return to the country without a legal permit in the future.
Don’t risk your future in the United States, leave it in the hands of Jaskot Law. Contact us at +1 (410) 235-6868 to start your voluntary departure process. You can also contact us via email by using [email protected].
What do I need to submit for my voluntary departure request?
While there is no specific form for requesting voluntary departure from the United States, there is certain documentation that you must present as evidence before a judge:
- Letters of support from your relatives, friends, religious leaders, or employers stating that you are a person of good citizenship (all must include an English translation along with a certified translation).
- Birth certificates, copies of green cards, or any other document proving that your relatives are U.S. citizens, or legal permanent residents.
- Copies of the marriage certificate if your spouse is a U.S. citizen or a lawful permanent resident.
- Certificates for classes you have completed.
- Proof that you are the breadwinner in your family.
- Documentation of employment, utility bills, or any other documentation showing the length of your stay in the United States. You may also be required to submit a copy of Form I-94, if you have one.
- Bank statements proving that you have enough money to leave the U.S. at your own expense.
- Copies of your passport or travel document proving that you can enter your country.
- Any other information proving that you are a person of good citizenship.
What are the advantages of voluntary departure?
Voluntary departure from the United States can have several advantages for immigrants who apply for it:
It makes you avoid a deportation order
This means that you will not have a deportation mark on your immigration record, which would make future applications to enter the United States or other countries more difficult.
It allows you to leave the country within a reasonable period of time
In some cases, deportation may be immediate, and the immigrant has no time to prepare for departure.
With voluntary departure from the United States, a time limit is established for leaving the country, which may give you the opportunity to resolve personal, work, or family matters before leaving.
It does not imply a prohibition of future entry
Unlike deportation, voluntary departure does not imply a prohibition on future entry to the United States. This means that you can reapply for a visa or residence permit.
What are the disadvantages of voluntary departure?
While voluntary departure from the United States is a good option for many immigrants, it also has some disadvantages that should be considered before making a decision.
It does not guarantee return to the country
Voluntary departure from the United States does not include any assistance to return to your home country. Instead, you must pay your own travel expenses, and make sure you have the necessary documents to enter your home country.
It may limit future options
Although voluntary departure from the United States does not imply a prohibition to enter the country in the future, it may be considered as a “warning” to the immigration authorities. This means that you may have more difficulty applying for a visa or residency permit in the United States in the future.
It may be difficult to obtain legal immigration status in the future.
If an immigrant applies for voluntary departure from the United States and returns to his or her home country, it may be difficult to obtain legal immigration status in the United States in the future. This is so because voluntary departure implies acknowledging that one was in the country without legal authorization, which may affect future visa or residence permit applications.
It can be a long and costly process
Voluntary departure from the United States can be a lengthy and costly process, especially if you have to wait several days or weeks to obtain the necessary documents to leave the country. In addition, you will have to pay for your own travel expenses, and may lose your job or income while waiting for the process.
Voluntary departure may be an option if you wish to return to your home country without facing the consequences of deportation. However, carefully consider the advantages and disadvantages of this option, and consult with a professional before making a decision.
What are the consequences of illegal re-entry to the United States after applying for voluntary departure?
Illegally re-entering the United States after an application for voluntary departure can result in an additional 2 years in prison and/or a $1,000 fine.
Also note that, since voluntary departure from the United States does not grant any legal status nor does it allow re-entry without legal permission, you can be deported if you enter the United States illegally, even if you have previously enjoyed the benefit of voluntary departure.
In this case, the penalties can be much more severe: between 1 and 20 years in prison (depending on your criminal record), and the inability to enter the United States for 10 years.
At Jaskot Law, we are a law firm specializing in complex immigration cases. If you are facing deportation, do not hesitate to call us at +1 (410) 235-6868, or send an e-mail to [email protected].
