Voluntary Departure vs. Deportation: Which Is Better for Your Future?
Shawn Sedaghat, Esq.
If you are facing deportation from the United States, you may have come across two options: voluntary departure and deportation.
Both choices can have significant consequences for your future, so it’s crucial to understand which one might be better for you. In this article, we’ll break down the key differences between voluntary departure vs deportation, and explain how each option can impact your ability to re-enter the U.S., apply for visas, or even stay in the country longer.
Whether you’re considering voluntary departure vs deportation, this guide will help you make an informed decision. Let’s explore these two paths and see which might be better for your future!
What is Voluntary Departure?
Voluntary departure is a legal option that allows a non-citizen to leave the United States on their own terms, rather than being forcibly deported. It’s an alternative to a formal removal order, and it gives you the opportunity to depart the U.S. voluntarily by a designated date set by an immigration judge or the Department of Homeland Security (DHS).
Key Points to Know About Voluntary Departure:
- Self-arranged Departure: You leave the U.S. at your own expense.
- Avoid Deportation Stigma: You won’t have a formal removal order on your immigration record.
- Return to the U.S.: While not automatic, voluntary departure can make it easier to legally re-enter the U.S. in the future compared to a formal deportation order.
What is Deportation?
Deportation (also known as removal) is the formal process by which a non-citizen is forcibly removed from the United States by immigration authorities. If you are deported, the government will arrange and enforce your departure from the country, and it usually results in a ban on re-entering the U.S. for a period ranging from 5 to 20 years, depending on the circumstances.
Key Points to Know About Deportation:
- Government-enforced Removal: You are forcibly removed by immigration authorities.
- Re-entry Ban: Deportation usually leads to a ban on re-entry for several years, and in some cases, it can be permanent.
- Harsher Consequences: A deportation on your record can make it much harder to apply for visas or other immigration benefits in the future.
The Differences Between Voluntary Departure and Deportation
When comparing voluntary departure and deportation, there are several critical differences to consider:
1. Control Over Departure
- Voluntary Departure: You have control over your departure and can choose when and how to leave, as long as you do so by the designated date set by the immigration judge.
- Deportation: The government forcibly removes you, and you have no control over the timing or process.
2. Impact on Future Immigration
- Voluntary Departure: Leaving voluntarily may allow you to avoid the automatic re-entry ban imposed on those who are formally deported. However, if you have accrued over one year of unlawful presence, you could still face a 10-year bar on returning to the U.S.
- Deportation: A formal removal order can lead to a 5, 10, or even permanent ban from the U.S. depending on your case. If you are deported, the chances of being allowed to re-enter the U.S. in the future are much slimmer.
3. Legal Record
- Voluntary Departure: Does not leave a removal order on your immigration record, which can improve your chances of returning to the U.S. legally.
- Deportation: Results in a removal order on your record, which can significantly harm your future immigration prospects.
4. Financial Costs
- Voluntary Departure: You bear the financial responsibility for leaving the U.S., including transportation costs. In some cases, you may also be required to post a bond.
- Deportation: The government handles the costs of deportation, but you lose the ability to leave on your own terms.
How Do You Seek Voluntary Departure?
If you are interested in voluntary departure, you will need to seek voluntary departure by asking for it during your removal proceedings. An immigration judge will decide whether to grant your request based on several factors, including your criminal history, how long you’ve been in the U.S., and whether you can pay for your departure.
Steps to Seek Voluntary Departure:
- Request it in Court: You must ask for voluntary departure in front of an immigration judge during your removal proceedings.
- Meet the Requirements: To be eligible, you must show that you are willing and able to leave, have the financial means to depart, and meet certain legal criteria.
- Comply with the Deadline: You must leave the U.S. by the designated date set by the court. If you fail to do so, the voluntary departure order automatically converts into a removal order.
Who Enforces Voluntary Departure?
Unlike deportation, voluntary departure is largely self-enforced. You are responsible for leaving the U.S. on your own. However, if you fail to leave by the deadline, the voluntary departure order will turn into a formal removal order, which could result in much harsher consequences, including fines and a ban on re-entry.
Benefits of Voluntary Departure
Choosing voluntary departure can offer several benefits over being deported. Here’s why voluntary departure might be the better option:
- Control Over Your Exit: With voluntary departure, you get to leave on your terms, which can make the process feel more dignified.
- Avoid a Deportation Record: Since voluntary departure doesn’t involve a formal removal order, you avoid having this on your immigration record, which can improve your chances of returning to the U.S. legally in the future.
- Less Severe Re-entry Restrictions: In many cases, individuals who leave under voluntary departure face fewer barriers to returning to the U.S., compared to those who are deported.
Cons of Voluntary Departure
While voluntary departure offers many advantages, there are also potential downsides:
- Financial Costs: You are responsible for covering the costs of your departure, including airfare and any necessary travel arrangements.
- Penalties for Non-compliance: If you don’t leave by the designated date, the voluntary departure order becomes a removal order, and you could face a 10-year ban on returning to the U.S.
- Eligibility Requirements: Not everyone is eligible for voluntary departure. You must meet specific requirements and receive approval from an immigration judge.
How Deportation Impacts Your Future
If you are formally deported, the consequences can be severe and long-lasting. Here’s how deportation can affect your future:
- Re-entry Ban: Most people who are deported face a 5, 10, or even lifetime ban on re-entering the U.S., depending on the circumstances of their case.
- Harsher Immigration Consequences: Having a removal order on your record makes it much more difficult to obtain visas or apply for immigration benefits in the future.
- Potential Detention: If you are deported due to criminal activity, you could be detained in an immigration facility before your removal is carried out.
Should You Choose Voluntary Departure or Deportation?
Ultimately, the decision between voluntary departure and deportation depends on your specific situation. Voluntary departure is generally the better option if you want to preserve your chances of re-entering the U.S. legally in the future. However, if you are unable to afford the costs of voluntary departure or fail to meet the eligibility requirements, deportation may be unavoidable.
Consult an Immigration Attorney
If you are unsure which option is right for you, it’s essential to consult with an immigration attorney. They can evaluate your case, help you understand your rights, and guide you through the removal proceedings.
Conclusion
Choosing between voluntary departure and deportation can have a significant impact on your future. While voluntary departure allows you to leave the U.S. on your own terms and avoid a removal order, deportation carries harsher consequences, including re-entry bans and a formal removal order on your immigration record.
If you are facing removal proceedings, it’s crucial to act quickly and make informed decisions. Speak with an immigration attorney to determine whether voluntary departure is the best option for your situation.
FAQs
1. What is the main difference between voluntary departure and deportation?
The key difference is that voluntary departure allows you to leave the U.S. on your own, avoiding a formal removal order, while deportation is a forced removal by the government, which usually leads to harsher re-entry restrictions.
2. Can I re-enter the U.S. after voluntary departure?
While voluntary departure doesn’t guarantee re-entry, it does improve your chances compared to deportation. However, if you have accrued over one year of unlawful presence, you may still face a 10-year ban on returning to the U.S.
3. Who is eligible for voluntary departure?
To be eligible, you must request voluntary departure during your removal proceedings, meet the requirements set by an immigration judge, and have the financial ability to leave the U.S. on your own.
4. What happens if I don’t leave the U.S. by the deadline for voluntary departure?
If you fail to leave by the designated date, your voluntary departure order will automatically convert into a removal order, and you could face a 10-year ban on re-entry, along with other penalties.
5. How can an immigration attorney help with voluntary departure or deportation?
An immigration attorney can guide you through the legal process, help you understand your options, and represent you in court. They can also help you seek voluntary departure or contest a removal order.