Deportation vs. Voluntary Departure: What is the Difference?
Shawn Sedaghat, Esq.
Hello there! Today, we’re going to talk about a topic that can be confusing but is super important to understand—Deportation vs. Voluntary Departure. If you’re facing immigration issues, you might have heard these terms before. But what do they really mean, and how are they different? Well, buckle up, because we’re about to break it down for you in a way that’s easy to understand!
Whether you’re dealing with the U.S. immigration system for yourself, a friend, or a family member, knowing the difference between deportation and voluntary departure can make a huge impact on your future in the United States. Let’s dive right into it!
What is Deportation?
Let’s start with the word everyone knows: deportation. Deportation is when the U.S. government officially removes someone from the country. It happens when a person either enters the U.S. without proper authorization or violates U.S. immigration law in some way.
An immigration judge typically makes this decision during a hearing in immigration court. When you are deported, you are forced to leave the U.S. under government orders. This also means you are likely to be subject to a removal order, which can include serious consequences, like being barred from returning to the U.S. for ten years or longer!
But wait! It’s not always as simple as “you’re out, and you can’t come back.” Some individuals may be able to apply for relief from deportation and stay in the U.S. legally if they meet certain qualifications. However, once you receive a removal order, you are expected to leave within a specified period—usually within 90 days after the order is final.
The Consequences of Deportation
The consequences of deportation can be harsh. After being deported, many people face a ten-year or even lifetime ban from returning to the U.S. This could be for reasons like committing an aggravated felony or being in the U.S. without legal permission for more than a year. And during this time, you’re not allowed to re-enter, even if you have a visa or family ties in the U.S.!
Deportation can also make it harder to ever get a green card or re-enter the U.S. legally, even after the ten-year ban is over. This is why understanding deportation vs. voluntary departure
What is Voluntary Departure?
On the other hand, voluntary departure is an option that can be way less damaging than deportation. If you are given the opportunity to take voluntary departure, you get to leave the U.S. on your own terms and avoid some of the more serious consequences of deportation.
Voluntary departure is when you choose to leave the U.S. by a certain deadline instead of being forcibly removed by the government. It’s like saying, “Okay, I’ll leave on my own,” instead of being escorted out by immigration officers.
The big win here is that, unlike deportation, voluntary departure doesn’t automatically come with a ten-year ban from re-entering the U.S. You can still apply for a visa or green card in the future, although other factors may affect your eligibility for a visa or to return to the U.S.
The Key Differences Between Deportation and Voluntary Departure
Now that we know what both terms mean, let’s explore the key differences between deportation and voluntary departure:
Choice vs. Court Order:
In voluntary departure, you get to decide to leave the country, whereas deportation is a court-ordered removal. An immigration judge decides that you must be deported if you don’t leave on your own.Consequences:
Deportation usually results in a ten-year or even lifetime ban from the U.S., while voluntary departure doesn’t automatically come with that long ban. However, it’s essential to follow the rules for leaving to avoid turning your voluntary departure into a deportation order!Timing:
When you are deported, ICE (Immigration and Customs Enforcement) arranges your removal. In voluntary departure, you arrange your own travel and leave by a deadline set by the court or immigration officials.Re-entry:
If you are deported, re-entering the U.S. can be very difficult because of the long bans, especially if you’ve been deported due to an aggravated felony. With voluntary departure, it’s easier to apply to come back because you don’t face the same removal order consequences.
How Do You Seek Voluntary Departure?
To seek voluntary departure, you need to request it either before or during your immigration court proceedings. Typically, you have two chances to ask for voluntary departure:
Before the Conclusion of Your Case:
If you request voluntary departure early on in your case, you must meet certain requirements. For example, you must agree to withdraw any other requests for relief and concede removability. You also have to prove that you can afford to leave on your own and that you’re not a security risk or convicted of an aggravated felony.After the Conclusion of Your Case:
Even if you’ve gone through your hearing and the judge has issued a removal order, you may still be able to ask for voluntary departure. However, it’s harder to get at this point. You’ll need to meet requirements like showing that you’ve been physically present in the U.S. for at least one year before your hearing and paying a bond to guarantee that you will leave.
If granted, voluntary departure allows you to avoid some of the harsh penalties of deportation, like the ten-year ban on re-entry. But be careful—if you don’t leave the U.S. within the time period set by the court, your voluntary departure order can automatically turn into a deportation order, with all the same consequences!
What Happens if You Don’t Leave Voluntarily?
If you fail to leave the U.S. by the deadline given in your voluntary departure order, things can get much worse. Your voluntary departure status will automatically change to a deportation status. That means you’ll now be subject to a removal order and could be banned from re-entering the U.S. for ten years.
Additionally, you could face civil penalties and might lose your chance to apply for any form of relief, like a green card. So, if you’re granted voluntary departure, it’s really important to follow through and leave on time.
Can You Return to the U.S. After Voluntary Departure?
If you leave the U.S. under voluntary departure, you may still have the chance to come back legally in the future. However, there are a few things to keep in mind:
- If you’ve stayed in the U.S. without legal status for more than one year before leaving, you could still face a ten-year bar from re-entering, even with voluntary departure.
- You will need to apply for a visa or green card through the regular channels, and the fact that you left voluntarily will be a point in your favor.
While voluntary departure doesn’t erase your past immigration violations, it can make it easier to return to the U.S. legally than if you were deported.
Conclusion
So, what’s the bottom line when it comes to Deportation vs. Voluntary Departure? While neither option is ideal, voluntary departure is typically the better choice if you qualify for it. It gives you more control, fewer penalties, and a better chance of re-entering the U.S. in the future.
If you or someone you know is facing the possibility of deportation, it’s crucial to explore all your options. You might be eligible for voluntary departure, which can make a huge difference in your ability to come back to the U.S. later on.
For the best results, it’s always a good idea to consult an experienced immigration attorney. They can help you figure out if voluntary departure is the right choice for you and guide you through the process.
FAQs
What is the main difference between deportation and voluntary departure?
The main difference is that with voluntary departure, you leave the U.S. on your own terms and avoid some of the long-term consequences of deportation, like a ten-year ban on re-entry. Deportation, on the other hand, is when the government forcibly removes you, usually resulting in a ban on returning to the U.S.How can I apply for voluntary departure?
You can ask for voluntary departure either before or after your immigration court hearing. It’s easier to get early in the process, but you’ll need to prove you can leave on your own and that you haven’t committed serious crimes.Can I come back to the U.S. after voluntary departure?
Yes, you may be able to come back to the U.S. legally after leaving through voluntary departure. However, if you’ve been in the U.S. without legal status for over a year, you may face a ten-year ban from re-entering.What happens if I don’t leave by the voluntary departure deadline?
If you don’t leave by the deadline, your voluntary departure order automatically becomes a deportation order, and you’ll face the same consequences as if you were forcibly deported, including a ten-year ban.Should I talk to a lawyer about voluntary departure?
Absolutely! Consult an experienced immigration attorney to explore your options and ensure you make the best decision for your case. They can help guide you through the process and avoid any missteps that could result in serious consequences.