Penalty for Voluntary Departure: Advantages and Disadvantages

The voluntary departure is a great resource to leave the country without suffering the conditions of deportation. However, this process has certain disadvantages, depending on your case. Today we will see how much is the penalty for voluntary departure and some issues you should consider before applying for it.

If you have received a deportation order or are in removal proceedings, do not despair. At Urbina Immigration Law we can help you choose the best defense option for your case. Don’t risk your future by dealing with the immigration system on your own. Speak to an attorney today and secure your stay in the United States.

How much is the penalty for voluntary departure?

Although voluntary departure makes it possible to avoid the penalties of deportation, is not exempt from penalties. However, the penalty for voluntary departure varies depending on the specific situation. Therefore, in the following sections we will see the consequences of the most common cases of voluntary departure.

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The penalty for voluntary departure varies according to your specific situation.

If you are considering applying for voluntary departure, keep in mind that there are other remedies against deportation that may be more beneficial to you. Do not risk your future by facing this delicate legal process on your own. At Urbina Immigration Law we can help you. Tell us your case today and let’s defend your rights together.

Penalty for voluntary departure after living in the U.S. illegally for more than 180 days

If you have lived illegally in the country for more than 180 days (but less than one year), the penalty consists of a ban on returning to the United States for 3 years. However, foreigners who leave the country through voluntary departure are not affected by this punishment

However, keep in mind that the ICE application can be complicated. For this reason, it is advisable to seek the advice of an experienced immigration attorney. At Urbina Immigration Law we can help you. Tell us about your case and get the legal help you need to secure your future in the United States.

Penalty for voluntary departure after living illegally in the U.S. for 1 year or more

If you lived in the country illegally for 1 year or more, the penalty for voluntary departure is a 10-year ban on returning to the United States. However, it may be waived if it demonstrates extreme hardship to a citizen or permanent resident relative

For this reason, having an experienced immigration lawyer is essential to find the best possible way out of these difficult procedures. At Urbina Immigration Law we can help you. Speak to an attorney today and secure your stay in the place you have chosen as your home.

Penalty for not respecting the date set for voluntary departure

In case of failure to comply with the stipulated time limit for voluntary departure from the country, the granting of a deportation order will be automatically converted into a deportation order.  In addition, he could receive fines of between $1,000 and $5,000 and will be barred from receiving permanent residency by family petition for 10 years. 

Remember that, to avoid this penalty for voluntary departure, you must prove that you left the country on time. You can check your output in the following ways:

  • Showing the exit stamp in your passport.
  • Asking border agents for copies of your exit documents.
  • By obtaining an  affidavit from the U.S. consulate in the country where you arrived after leaving the United States. 

Penalty for illegal reentry after voluntary departure

Whether you have opted for voluntary departure or have been deported, re-entering the country without re-entry into the country without government authorization (illegal re-entry) is a crime. However, your penalty changes depending on your situation. In this case, the penalty for voluntary departure can result in deportation with a 2-year re-entry ban and a $1,000 fine.

Penalty for failure to comply with voluntary departure

If you remain in the country illegally after agreeing to voluntary departure, you may be subject to penalties ranging from a 3 to 20 year ban on re-entry or a permanent ban

Remember that the voluntary departure order automatically becomes a removal order once the deadline to leave the country has passed. In addition, in these cases, the deportation will be carried out immediately without the right to see a judge and the decision cannot be appealed.

Advantages and disadvantages of voluntary departure

In the following chart you will find the advantages and disadvantages of applying for voluntary departure from the United States:

Disadvantages of Voluntary DepartureAdvantages of Voluntary Departure
Waives other available immigration relief.Maintains an immigration record with no history of deportation.
Admits to being an illegal immigrant subject to deportation.In some cases, avoids penalty of 3 and 10 years.
You must bear all costs of leaving the country.After departure, the foreigner may apply for a nonimmigrant visa.
You must pay the immigration bond set by the judge.
The voluntary departure decision is irrevocable.

Voluntary departure is irrevocable and could have negative consequences, so evaluating whether it is in your best interest is crucial.  Therefore, it is best to consult with an immigration attorney to assist you in your fight against deportation. At Urbina Immigration Law we can help you. Talk to a lawyer and secure your future in the United States.

What does a permanent ban on re-entry entail?

The permanent ban means that the illegal individual may never again return to the United States. The rule is contained in Section 212(a)(9)(C)(i) of the Immigration and Nationality Act, declaring as inadmissible:
Any alien who has remained unlawfully in the U.S. for more than 1 year.
One with an order of removal under section 235(b)(1), section 240, or any provision of law, upon attempting to return without authorization.

When is a voluntary departure order automatically terminated?

A voluntary departure order is automatically terminated if any of the following occurs:
The alien applies to the immigration judge for judicial review. If he/she decides to leave before 30 days of such request, it will be considered a voluntary departure, with sufficient evidence of departure.
The applicant in deportation proceedings requests to reopen the case, without stopping the deadline for voluntary departure.
The person pays the bond within the established deadline.

Can voluntary departure be denied?

Yes, voluntary departure may be denied. Specifically, persons who have been charged with and convicted of aggravated criminal offenses may not apply for this immigration benefit.

Is it possible to return to the United States after being deported?

Yes, in certain cases, deported immigrants may be readmitted. To do so, they must apply for an immigration waiver through Form I-212 (Application for Permission to Reapply for Reentry into the United States After Having Been Deported or Removed).

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An immigration attorney may be able to help you get the waiver you need.

Voluntary departure is a great way to keep your record clean and not deal with the consequences of deportation. However, this also has its cons and penalties, so you should analyze your situation before making a decision that could affect your chances of returning to the country. For this reason, legal assistance is of vital importance. 

An attorney can discuss whether voluntary departure is in your best interest and advise you on other remedies to fight deportation. Don’t risk your future by facing this tough process on your own. At Urbina Immigration Law we can help you. Contact us and let’s fight together for your right to stay in your new home.

Sources – Learn about how the deportation process works

Other Resources

How to Apply for Voluntary Departure: Steps, Benefits and Requirements

Can I arrange papers if I have a voluntary departure in the U.S.?

10-Year Law in the USA: What is it about and how can it help me?

How to avoid deportation in the U.S.: the complete guide

What to do if you have a deportation order?

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?

What is a Migratory Waiver and how should I apply for it?

What are the requirements for family reunification in the United States?

Top 10 Most Common Myths about Immigration to the U.S.