Deportation Defense: Myths and Misconceptions About Voluntary Departure

Facing deportation? It is normal to feel stressed out, even overwhelmed. Voluntary departure is one potential option to address the issue. However, voluntary departure cases can be confusing. It is a big step that carries very big consequences. You need to fully understand your options. At Escobar Law Offices, we have the immigration law expertise that you can trust. Here, our Virginia deportation defense attorney debunks some of the most common myths about voluntary departure.

Voluntary Departure Myth #1: Voluntary Departure is the Same Thing Just Leaving 

False. The Department of Justice (DOJ) explains that voluntary departure is a formal legal order with specific statutory conditions. It is not the same as departing the United States on your own without court authorization. If a person just decides to leave the country, he or she will not be deemed a “voluntary departure.” A respondent who simply leaves without securing voluntary departure may still carry a removal order and/or have an unlawful presence bar imposed.

Voluntary Departure Myth #2: Voluntary Departure is a Type of Deportation

False. A voluntary departure is not, legally speaking, a deportation. A formal removal order will generally result in long-term bars to reentry under U.S. immigration law (INA § 212(a)(9)). Voluntary departure, if completed on time, avoids those specific penalties. That is one of the primary benefits of a voluntary departure. Indeed, it is a distinction that matters for future admissibility and visa eligibility. A respondent who departs within the authorized period preserves a clean(er) immigration record. 

Voluntary Departure Myth #3: Anyone Facing Removal Can Get a Voluntary Departure

False. Eligibility is limited and split between pre-conclusion and post-conclusion stages. Pre-conclusion voluntary departure requires a prompt request, concession of removability, and waiver of appeal. Post-conclusion voluntary departure imposes stricter criteria, including physical presence for at least one year before service of the Notice to Appear, good moral character for five years, and proof of ability to depart. Further, certain criminal convictions could actually make an immigrant ineligible for a voluntary departure.

Voluntary Departure Myth #4: Once Granted, You Can Change Your Mind Easily

False. Voluntary departure carries binding conditions. Acceptance often requires posting a bond and agreeing to depart within a fixed period, commonly 60 days after the order. Filing an appeal or a motion can terminate the grant unless specific regulatory steps are followed. Accepting a voluntary departure is a very big decision. If you or your loved one is considering a voluntary departure as a path to resolving removal, an experienced Virginia deportation defense lawyer can help.

Consult With Our Virginia Deportation Defense Lawyer Today

At Escobar Law Offices, our Virginia deportation defense attorney is a strong, reliable advocate for clients. If you have any questions about voluntary departure or deportation defense more broadly, please do not hesitate to contact us for a completely confidential consultation. It is our mission to help you find the best solution for your specific situation. We provide solutions-focused deportation defense services throughout Northern Virginia.

Source:

justice.gov/eoir/page/file/1480811/dl