The voluntary departure from the United States is a great resource to avoid the penalties of deportation. Can I arrange papers if I have a voluntary departure from the U.S.? How do I legally re-enter the country? Today we’ll discuss the information you need to safely return to the country.
At Urbina Immigration Law we know that a removal process is one of the hardest moments for a migrant. For this reason, our professionals put all their knowledge and dedication into defending you against removal. Do not give in to despair. Contact us and secure your stay in your new home.
Table of Contents
Can I arrange papers if I have a voluntary departure from the United States?
Yes, you can arrange papers having chosen voluntary departure from the United States. However, he will only be able to do so if he respects the established departure deadlines and re-enters the country legally. Otherwise, he will be deported from the United States with the corresponding penalties. These may include fines and even a permanent ban on returning to the country.
What is a voluntary departure from the United States?
Voluntary departure is an alternative to leaving the United States of one’s own free will after a set period. In this way, the applicant avoids deportation and its repercussions. It can be requested at the beginning of the process (before the hearing) or at the end of the hearing. Unlike “removal”, it implies that the Department of Homeland Security (DHS) intends to deport, but the person requests to leave voluntarily, assuming the costs of his or her travel.
Benefits and disadvantages of voluntary departure from the U.S.
Below is a table of the advantages and disadvantages of applying for voluntary departure from the United States:
| Advantages | Disadvantages |
| Does not suffer the penalty of deportation. | Waives any other available immigration relief. |
| Maintains a clean immigration record of any history of removal. | Admission of the existence of unlawful presence subject to deportation. |
| Possibility of legally re-entering the country in the future. | The applicant is financially responsible for all costs of leaving the country. |
| The applicant must pay the immigration bond set by the judge. | |
| The decision is irrevocable. |
It is important to note that voluntary departure is irrevocable and may have negative consequences. Therefore, it is best to consult with an immigration attorney to help you evaluate whether this is the best option for your case. At Urbina Immigration Law, we are here to help you. Tell us your case and secure your future.
Requirements to apply for voluntary departure from the United States
These are the general requirements for applying for voluntary departure from the United States:
- Have been present in the United States for a specified period of time.
- Recognize and accept the illegal presence in the United States.
- Withdraw or waive any application to remain in the United States.
- Demonstrate intent and financial ability to leave the United States.
- Demonstrate proper civic conduct for a specified period of time.
- Present a valid passport or travel document.
- No felony convictions (consult with an attorney if you have a criminal record).
Please note that the requirements for requesting voluntary departure from the United States differ depending on whether it is requested before or after the hearing. Therefore, it is best to seek the assistance of an immigration attorney to make sure you are eligible. At Urbina Immigration Law we can help you. Talk to one of our lawyers and avoid deportation.
How to apply for voluntary departure?
There is no specific form or process for requesting voluntary departure from the United States. It is sufficient for you to verbally communicate this to the judge during your hearing. In addition, you must present documentation proving your good citizenship and evidence that you have the financial means to pay for the travel expenses.
Documentation required for voluntary departure from the United States
Some of the evidentiary documents that you must present before the judge are:
- Letters of support from family, friends, religious leaders or employers attesting to your good citizenship (all letters must include an English translation and a certificate of translation).
- Documents such as birth certificates, copies of green cards or other evidence showing that your family members are citizens or legal permanent residents.
- Copies of marriage certificate (if your spouse is a citizen or legal permanent resident).
- Certificates of course completion.
- Proof that you are the primary breadwinner in your family.
- Employment documentation, utility bills or other documents proving your length of residence in the U.S.
- Financial proof of your ability to pay for your departure from the U.S. (e.g., bank statements).
- Copies of your passport or travel document verifying your ability to enter your country.
- Any other document that supports their good civic conduct.
Compiling all this documentation can be a challenge. Therefore, it is advisable to seek the assistance of an attorney who can identify what type of documents might be useful as evidence. At Urbina Immigration Law we are here to help you. Consult with one of our lawyers and let us organize your documents.
Voluntary departure and legal re-entry: options for returning to the U.S.
There are several options for re-entering the United States legally after a voluntary departure from the United States. Some of the most common are:
- Re-entry on a nonimmigrant visa: If you have a valid nonimmigrant visa, you may re-enter the United States as long as you meet the admission requirements.
- Re-entry with an immigrant visa: If you have a valid immigrant visa, such as a permanent resident visa (Green Card), you may legally return to the United States.
- Reentry with Advance Parole: If you applied for and obtained an advance reentry permit before leaving the United States, you may legally return as long as the document is valid.
- Re-entry under the Visa Waiver Program (VWP): If you are a citizen of a country participating in the VWP, you may temporarily enter the United States without obtaining a visa, as long as you meet the specific requirements of the program.
- Reentry with a new immigration status: If you obtain a new immigration status, such as asylum or refugee status, you may legally return to the United States.
Please note that procedures and requirements vary, and immigration laws may change. Therefore, it is essential to seek an immigration attorney to help you choose the reentry option that best suits your case. At Urbina Immigration Law we can assist you. Talk to a lawyer and get quality legal help.
Is it possible to regularize my status if I have a deportation order?
Yes, it is possible to regularize your status even if you have a current deportation order. You can explore various options, such as applying for cancellation of removal or requesting a stay of removal while you complete your immigration proceedings.
What does a suspension of deportation entail?
A suspension of deportation is a measure issued by a judge that temporarily stops an order of removal. This allows the person to remain in the U.S. for a certain period of time and, in certain circumstances, may open the possibility of applying for permanent residence.
What does it mean to be “inadmissible” in the United States?
Being inadmissible to the United States means that you cannot legally enter the country or obtain a Green Card. There are several reasons why immigration authorities may consider you inadmissible. Some of the most common are:
Health reasons.
Criminal record.
Being considered a threat to national security.
Likelihood of becoming a public charge.
Involvement in fraud or misrepresentation.
History of prior removal, unlawful presence or re-entry to the United States.
What does it mean to be considered a “public charge”?
Public charge law refers to the assessment of whether a visa or permanent residence applicant may be dependent on public assistance for subsistence. This may influence eligibility for certain benefits and may require proof of financial ability to support oneself.
Arrange your paperwork with the help of a professional lawyer.
As we have seen, there is a possibility to fix your papers as long as you have opted for voluntary departure from the United States and have not been deported. There are many legal remedies you can use to legally re-enter the country after arranging your voluntary departure from the United States.
However, each of them has a different process and specific requirements, and you should choose the one that best suits your case. For this reason, it is important to have an immigration lawyer to advise you. At Urbina Immigration Law we can help you. Tell us about your case and take the first step towards your second chance.
Sources
USA.gov – Learn about how the deportation process works
Other Resources
How to Apply for Voluntary Departure: Steps, Benefits and Requirements
Punishment for voluntary departure: Advantages and Disadvantages
What to do if I have a deportation order?
How to avoid deportation in the U.S.: the complete guide
Immigration Form 42B: the remedy for cancellation of removal in the U.S.
How long does it take to resolve a deportation appeal in the United States?
Did you know that illegal re-entry into the United States has serious consequences?
