Voluntary Departure

Dec 10

Written By Law Offices of Dizengoff & Yost Immigration Lawyers Philadelphia

Can you return to the United States after receiving a voluntary departure?

Leaving the United States under an order of Voluntary Departure does not in itself prevent or prohibit you from returning to the U.S. Consequently, a voluntary departure order provides an advantage to depart from the U.S.

If possible, rather than under an order of Deportation or removal. If you need immigration assistance navigating the legal processes associated with your departure or deportation, a voluntary departure lawyer at Dizengoff & Yost can help. Call our immigration law firm at 267-223-5862 for a free case assessment.

How Does Voluntary Departure Occur?

An individual in Removal Proceedings before an immigration judge who is not eligible to remain in the U.S. may be able to avoid an order of removal to one's home country by requesting to leave this country under an order of Voluntary Departure.

The individual must be ready, willing, and able to depart the U.S., qualify for Voluntary Departure, and pay their way out of this country. An individual who has been convicted of having committed a criminal offense, such as an aggravated felony, may be ineligible to apply for or receive voluntary departure.

To Speak With An Immigration Lawyer About Voluntary Departure

When should I request to apply for Voluntary Departure?

Whether to request a departure in Immigration Court proceedings is a strategic determination that may be important to discuss with an immigration lawyer. The experienced immigration attorneys at the Law Offices of Dizengoff and Yost can advise you if you are eligible for and may benefit from seeking a Voluntary Departure order.

The request for voluntary departure may be made in Immigration Court at either a master calendar hearing or at a merits hearing.

What is the difference between deportation and voluntary departure?

A person who has been ordered to leave the United States is not allowed to come back.

Nevertheless, this departure from the U.S. does not automatically render an individual inadmissible and unable to return to the country.

Can You Come Back to the U.S. After a Voluntary Departure?

Leaving the U.S. under an order of voluntary departure offers an enormous advantage to departing the U.S. under an order of removal. If an individual gets removed from the U.S., they become inadmissible from the U.S. due to the removal. If an individual receives granted voluntary departure, they do not become inadmissible as a result of the order of voluntary departure. Therefore, they can return to the U.S. with a visa unless otherwise inadmissible.

Return After Voluntary Departure

When you depart the U.S. under an order of removal or deportation, you face a period of inadmissibility. This means you can only return if you qualify for a waiver. On the other hand, leaving the U.S. under an order of voluntary departure doesn't lead to a period of inadmissibility.

However, you still need to apply to return to the U.S. In addition, you still need to get a waiver if you are inadmissible on separate grounds, such as for unlawful presence in the U.S. or other criminal misconduct or immigration violations. Many people find it helpful to consult a skilled and experienced immigration lawyer when they seek to return to the U.S. after departing this country under an order of voluntary departure.

Free Consultation With An Immigration Lawyer Regarding Voluntary Departure

How long does the Deportation process take?

The length of the deportation process varies significantly from case to case. A knowledgeable Immigration Attorney can tell you how long the deportation process will probably take under your particular case's circumstances. Consult with a Voluntary Departure Lawyer from the Law Offices of Dizengoff and Yost at 267-223-5862 for a free case evaluation to determine if you are eligible or ineligible for this relief.