How to request Voluntary Departure from the United States?
If you're facing deportation, voluntary departure allows you to legally leave the U.S. without a record. You don't need any forms; just make a verbal request to a judge and pay a bond starting at $500. Here's how to navigate the process without errors.
If you're facing deportation and hope to return to the United States legally in the future, the best way to resolve this is by filing for voluntary departure . You might be surprised to learn that it's not difficult to apply for , and with the help of an attorney, you can return to your home country faster than you think. If you'd like to learn more about this process, we recommend reading our guide.
What is voluntary departure?
Voluntary departure from the United States is when someone decides to leave the country of their own free will , to avoid deportation, and to prevent the government from recording the crime committed on their record.
It is a way to leave the country legally , where the person will have a certain amount of time to leave the country and if they do not, they may face fines or be deported.
Who can request voluntary departure?
A person may request voluntary departure from the United States if any of the following apply:
- He is facing possible deportation.
- You have been in the United States for at least one year before the Notice to Appear.
- He acknowledges his illegal presence in the United States.
- Post a bond of at least $500.
How to request voluntary departure?
Fortunately, there is no need to complete any paperwork or fill out any forms ; you only need to follow these steps:
- Before you decide to request voluntary departure, consider whether it is the best option for you. Check to see if you qualify for other forms of defense against deportation, such as asylum or cancellation of removal.
- If you decide to move forward with voluntary departure, gather evidence that supports your case to present to the Judge.
- During the hearing, express your desire to request voluntary departure to the Judge. As we mentioned, you do not have to fill out any form, you simply have to make the request verbally.
- If the Judge approves voluntary departure, you may be required to post bail, which generally starts at $500. This deposit can be refunded if you meet certain conditions after leaving the United States.
Documentation necessary to request voluntary departure
To request voluntary departure , although there is no specific form, it is necessary to submit certain documentation:
- Support letters: These may come from family, friends, religious leaders or employers, who will certify your good civic conduct. All letters must be translated into English and have a translation certificate.
- Identification documents: You must include copies of birth certificates, green cards, or other documents that prove your family members' citizenship or legal permanent residence.
- Marriage certificate: If your spouse is a citizen or legal permanent resident, you must present a copy of the marriage certificate.
- Course certificates: If you have completed relevant classes, please present the relevant certificates.
- Evidence of financial support: Documents that prove that you are the financial support of your family.
- Residence documents: Submit proof of employment, utility bills, or other evidence indicating your length of residence in the United States.
- Financial proof: You must show that you can afford to leave the country, such as bank statements or other financial documents.
- Travel documents: Include copies of your passport or other travel document that proves you can enter your home country.
- Other relevant documentation: Any other document that demonstrates your good citizenship will be useful to support your request for voluntary departure.
What are the consequences if I do not leave the country within the period established in my voluntary departure?
If you decide not to leave the country as agreed in the voluntary departure, this becomes an official deportation order , which is carried out by an immigration judge.
In addition, you are barred from returning to the United States for a period of 10 years and could face fines of up to $5,000.
Can I be readmitted to the United States after being deported?
In certain cases, deported immigrants may have the opportunity to return to the United States. To do so, they need to request an immigration waiver using Form I-212 (Application for Permission to Reapply for Admission to the United States After Being Deported or Removed).
How long does it take to resolve a deportation appeal?
Appeals against deportation proceedings typically take about six months on average , although court decisions can take years . If the appeals process has not yet begun , you can use Form 42A or Form 42B to request cancellation of removal.