When is Voluntary Departure Available?

When is Voluntary Departure Available?

Voluntary departure is a discretionary form of relief that is available to some people in removal proceedings. Although this form of relief does not allow a non-citizen to remain in the country, there can be some advantages to seeking voluntary departure in certain situations, particularly if the individual wants to return to the United States in the future after returning to his or her home country. Opting for voluntary departure allows you to avoid a formal removal order and the consequences that flow from it, which can include a temporary or permanent bar from readmission to the United States. If your only option is to return to your country in order to apply for an immigrant visa because you do not qualify for an adjustment of status or any other form of relief, then voluntary departure may be a good option for you. Essentially, in requesting voluntary removal, you are conceding that you are removable, but you will leave voluntarily instead of being deported. Another benefit of voluntary removal is that you can remain in the U.S. for a specified period of time before you have to leave, which can give you time to wrap up your affairs and make decisions with your family about your future. If the immigration judge grants you voluntary removal before the end of the immigration proceedings, you can have up to 120 days in which to voluntarily leave. On the other hand, if you are granted voluntary removal after your immigration case has concluded, you only have up to 60 days to leave the country. Voluntarily departing from the U.S., however, will not necessarily make it easier for you to gain reentry. For instance, if you have been present in the U.S. for more than one year, and then voluntarily depart, you are still subject to a 10-year ban on reentry. Therefore, it may be best to look at voluntary departure as a remedy of last resort, if there are no other defenses available in your case to avoid removal. Landerholm Immigration, A.P.C., consists of California deportation defense lawyers who have the experience with federal immigration law that you will need throughout your removal proceedings. No matter what allegations you are facing, we will advocate on your behalf and guide you through the process, one step at a time. We know what defenses work in certain situations, and will use the facts of your case to build a strong defense on your behalf. Contact our office today, and discover what we can do for you. Para Espanol haz click aqui!
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