Deportation Vs Expedited Or Voluntary Departures
”El Show Sin Fronteras”
Spanish Video Above Translated In English Below
What Is A Voluntary Departure?
A voluntary departure is a way for individuals facing deportation to leave the country on their own terms.
Typically requested in front of a judge, it can also occur with immigration police at the border.
This option is available as an alternative to being deported, and there are no consequences such as a bar on re-entry.
Voluntary departure is a way for individuals to avoid the negative effects of a deportation order and take control of their own departure from the United States.
How Does One Request Voluntary Departure?
To request voluntary departure, an individual must ask for it in front of a judge during a court hearing.
The judge will then use their discretion to grant or deny the request. If granted, the judge will provide a set amount of time for the individual to leave the country, and it is their responsibility to leave before that time expires.
If the individual fails to leave on time, the voluntary departure order automatically turns into a deportation order.
Who Enforces The Voluntary Departure?
Regarding who enforces voluntary departure, it’s ultimately the responsibility of the person who requested it to leave the country by the specified deadline.
The government does not actively enforce voluntary departure, but if the person does not leave by the deadline, their voluntary departure status will automatically become a deportation order.
However, it’s important to note that if someone has been in the United States without authorization for more than one year, leaving voluntarily will trigger a 10-year bar on re-entry, regardless of whether it was voluntary departure or a deportation order.
So while voluntary departure may be a way to avoid other consequences of a deportation order, it doesn’t necessarily avoid the 10-year bar in all cases.
The Benefits Of A Voluntary Departure?
The benefits of a voluntary departure are that it allows an individual to leave the country on their own terms, rather than being forcibly deported.
Additionally, a voluntary departure does not come with the same consequences as a deportation order, such as being barred from returning to the country for a certain period of time.
If an individual has been in the United States without authorization for more than one year and then leaves, they may still be subject to a 10-year bar from returning. So, in certain circumstances, requesting a voluntary departure may be a way to avoid the consequences of a deportation order or to mitigate the effects of unauthorized presence in the United States.
The Consular Process & Voluntary Departure
The consular process and voluntary departure are two distinct procedures in immigration.
The consular process involves obtaining an immigrant visa at a U.S. embassy or consulate abroad through an interview with a consular officer who determines visa eligibility.
In contrast, voluntary departure is a process for individuals facing deportation in the U.S. to leave the country voluntarily, without a formal deportation order, and may offer benefits such as avoiding certain reentry bars.
Although the two processes may seem unrelated, there are situations where they can overlap.
Nevertheless, it is crucial to note that voluntary departure is not guaranteed and requires careful consideration with the guidance of an experienced immigration lawyer.
Moreover, it may not be an option in all cases and may have its own consequences. Before making any decisions, it is essential to understand the advantages and disadvantages of all available options in immigration matters.
Talk To A Lawyer Before A Voluntary Departure
It is highly recommended to speak with an experienced immigration attorney before making any decisions regarding voluntary departure. While voluntary departure may offer certain benefits, such as avoiding the consequences of a deportation order, it is not a guaranteed option and may have its own potential consequences.
An attorney can provide guidance and advice on the best course of action based on the individual’s specific circumstances. They can also help navigate the complexities of the immigration system and ensure that the individual’s rights are protected throughout the process.
Furthermore, an attorney can review any potential legal options that may be available to the individual, including the consular process, adjustment of status, or other forms of relief that may allow them to remain in the United States.
Are There Any Harsher Consequences If You Don’t Do What You Promised?
Yes, there can be harsher consequences if you don’t follow through with a voluntary departure.
If you fail to leave the country within the time frame granted by the judge, the voluntary departure automatically converts into a deportation order. This means that you will have a formal removal order on your record and may face more severe consequences, such as being barred from returning to the United States for a certain period of time.
It is important to take voluntary departure seriously and make every effort to comply with the terms set by the judge.
How Will They Know That You Have Left?
It is essential to keep in mind that not presenting evidence of your departure can lead to severe outcomes, including being prohibited from entering the United States again.
As a result, it is critical to adhere to the prescribed procedures and submit the necessary paperwork to the proper authorities to guarantee that your departure is officially documented.
Furthermore, it is advisable to maintain copies of all documentation concerning your voluntary departure for your personal reference.
What Is The Removal Order?
A removal order is essentially an order from immigration officials for a person to be deported, which can come in different forms like voluntary departure. A judge can grant a removal order, but border patrol can also do that as well. An expedited removal order is given at the border and is called expedited because the person is skipping the process of going in front of a judge.
Border patrol has jurisdiction within 100 miles of the border. This means that people encountered by border patrol within 100 miles and who have been in the US for less than two weeks can be deported without seeing a judge. The consequences of an expedited removal order include being barred from re-entering the United States for five years.
It is important to know the differences between voluntary departure, voluntary return, and removal order, as well as the consequences of each. When encountering immigration officials, take note of any forms signed, fingerprints taken, and pictures taken, as this information is crucial in determining what kind of order was given.
Can Fake Visa Get You A Deportation Order?
Yes, using a fake visa to enter the United States can result in a deportation order. This is because presenting fraudulent documents or misrepresenting oneself during the visa application process is considered a violation of U.S. immigration laws.
If an immigration officer discovers that an individual has used a fake visa to enter the U.S., they may issue an expedited removal order, which can result in the individual being deported without the opportunity to see an immigration judge.
Additionally, individuals who have been deported for using a fake visa may be barred from entering the U.S. for a period of time, which can range from five years to permanently. Always use legitimate and accurate documents when applying for a visa and entering the U.S. to avoid facing legal consequences.
What Are Removal Proceedings?
Removal proceedings are legal proceedings in immigration court to determine whether an individual who is in the United States should be deported or removed from the country. These proceedings are also known as deportation proceedings.
Removal proceedings can be initiated by the U.S. government if an individual is found to be in violation of immigration law, such as by overstaying a visa, entering the country illegally, or committing a crime that makes them deportable. In some cases, individuals may also be placed in removal proceedings if they are seeking admission to the United States but are found to be inadmissible.
During removal proceedings, the individual has the right to legal representation and the opportunity to present evidence and argue their case. A judge will consider the evidence and make a decision about whether the individual should be removed from the United States.
It should be emphasized that removal proceedings are intricate and the outcomes can be severe. If someone is deemed removable, they may be subject to a deportation order and prohibited from reentering the US for a designated time or permanently. Hence, it is advisable to consult a knowledgeable immigration lawyer if one is confronted with removal proceedings.
Are There Waivers For Deportation?
Yes, there are waivers available for deportation, but it depends on the specific circumstances and whether the individual qualifies for the waiver. The process of obtaining a waiver can be complex and requires careful evaluation of the individual’s case. It is preferable to seek the assistance of an experienced immigration attorney to determine eligibility and navigate the waiver application process.
What Are Removal Orders?
In immigration court, there are two types of deportation orders. The first type is a deportation order that is issued by a judge when an individual is present in court, and it’s clear that they are being deported.
The individual works with Immigration and Customs Enforcement (ICE) and a deportation officer to make arrangements for their departure from the United States.
The second type of deportation order is an In Absentia removal order, which means that the judge orders an individual’s deportation in their absence if they fail to show up for a court hearing.
This type of order has different consequences than if an individual were present in court when the order was issued. Keep your address updated with the court to ensure that you receive notices about upcoming court hearings, which can frequently change due to various reasons.
Dreamers & The Consequences Of Self-Deport
If someone plans to return to the US later, it’s a good idea to gather documents to prove the time they spent outside the US. This could include things like rental agreements, utility bills, employment records, and any other documentation that shows they were living and working in another country.
Keep in mind that even with these documents, there’s still a risk of being denied reentry to the US, especially if they have accrued unlawful presence in the past. It may be helpful to consult with an immigration attorney to discuss the specific circumstances and potential risks involved in returning to the US after self-deportation.
Asking For Asylum When You Have A Bar
Asylum is a form of protection that allows individuals who have fled their home country due to persecution or fear of persecution to remain in the United States. However, there are certain bars to asylum, such as having committed certain crimes or having already been deported from the United States.
If someone has a bar to asylum, they may still be eligible for withholding of removal, which is similar to asylum but has a higher burden of proof. Withholding of removal means that the individual cannot be deported to their home country because they would be persecuted or tortured there. However, unlike asylum, withholding of removal does not provide a pathway to citizenship.
Seeking asylum or withholding of removal can be a complex legal process and individuals should consider seeking the assistance of an experienced immigration attorney to navigate the process.
Emotional Trauma When Facing Deportation
Facing deportation can have severe emotional trauma on individuals and their families. Deportation can cause family separation, and the process of leaving the country can have lasting consequences. It is crucial to provide as much detail as possible to attorneys when discussing past encounters with deportation or leaving the country, as there are different consequences and processes involved. It is essential to understand what actually happened to move forward with the best course of action.
If you have additional questions about your voluntary departure, deportation, or your specific case, you may contact us at (855) 502-0555. After a brief 10-minute evaluation of your case over the phone, we will let you know what options you have. You can also follow us on our social networks so you don’t miss our weekly broadcasts on Facebook, YouTube and Twitch.
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