The consequences of failing to leave the U.S. following a grant of voluntary
departure are severe. If you don’t comply with a voluntary departure
order, then the court’s order changes to a deportation order. This
change to the order occurs automatically, without the immigration judge
issuing a new order and without the individual ever appearing in court
or before a judge. If you are subject to a removal order, then you cannot
apply for adjustment of status, change of status, suspension of deportation,
further voluntary departure, registry, and cancellation of removal for
a period of ten years. You also can be subject to civil penalties if you
fail to depart voluntarily within the appropriate timeframe. These penalties
can range from $1,000 to $5,000. Imagine you were in immigration proceedings
in 2010 and accepted voluntary departure. But imagine that you failed
to depart because you met and fell in love with the husband or wife of
your dreams! You decided to stay and to start a family with him or her.
Now you have 5 children together. Your spouse is a US citizen and wants
to file a green card for you. This will not be possible because of the
bars! Moreover, if you are picked up, you will be subject to deportation,
and you will not have the right to reopen your case or fight because you
already have a deportation order against you. While accepting voluntary
departure from the U.S. initially may sound better than being deported,
the consequences, as described above, are very harsh if you fail to voluntarily
depart as required. In effect, you can end up in a worse position if you
fail to voluntarily depart than you were if you were simply deported.
Seeking the assistance of an experienced California immigration attorney
who can assist you in making decisions like these can be essential to
your ability to remain in or eventually return to the U.S. At
Landerholm Immigration, A.P.C., we are here to fight for your right to legally remain in the United States,
but we are also here to help you consider all options that are available to you.
Call us today
at (510) 756-4468, meet with our deportation defense lawyers, and see
what we can do for you.
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