Facing deportation can be a foreign national’s worst nightmare. The deportation process alone is overwhelming without considering what being removed from the United States would mean long-term. Many foreign nationals come to the United States to build a better life; being deported could mean losing most of what they’ve worked so hard to achieve.
And yet, in certain circumstances, voluntarily departing from the United States might be a suitable defense strategy for foreign nationals who are facing deportation. It can help foreign nationals to familiarize themselves with instances when voluntary departure is better than fighting to stay in the United States accordingly.
What is voluntary departure?
As the name suggests, voluntary departure is when a foreign national facing removal proceedings leaves the country of their own accord. It is a discretionary form of relief that saves individuals from being forcefully removed by the government.
When an individual qualifies for voluntary departure, the U.S. Immigration and Customs Enforcement (ICE) requires them to depart from the country by a specified date. When there is a strong likelihood of deportation, voluntary departure can allow foreign nationals to avoid a formal removal order on their record. Thus, they don’t have to contend with the ten-year ban on re-entering the U.S.
Why opt for voluntary departure?
Voluntary departure incentivizes affected foreign nationals to leave the United States as soon as possible. Thus, they can reduce the duration of their unlawful presence in the country. This can have a positive impact on their eligibility for re-entry.
Voluntary departure can also empower individuals to preserve their dignity by controlling how they exit the United States. Rather than being at the mercy of the United States, they can make their own travel and avoid the stigma and stress associated with being forcibly removed by immigration authorities.
Eligibility requirements for voluntary departure
For an individual facing deportation to qualify for voluntary departure, they must have demonstrated good moral character five years prior to making their request. Additionally, they should have the financial means to cover all their travel expenses.
Voluntary departure can be a strategic option for foreign nationals facing deportation in the United States. This option offers the potential to avoid a formal removal order and preserve future immigration opportunities. However, it is essential to consider individual circumstances and consult with an experienced legal team to make informed decisions that best align with their long-term goals and legal standing in the U.S. either way.