Can you arrange papers with a voluntary departure?

How can you actually arrange papers with a voluntary departure order? This question is more common than it seems among those who have left the country voluntarily to avoid removal proceedings. 

At Lluis Law, we understand that facing voluntary departure or deportation can be one of the most difficult stages of an immigrant’s life. 

Let us help you. With over 50 years of combined experience, our Los Angeles immigration lawyers will guide you through all your available legal options.

How can You arrange Papers if You have a voluntary departure from the US?

If you left the United States voluntarily, you may still have options to adjust your immigration status. 

To do so, you may need to provide documentation proving your identity, financial solvency, and good moral character. 

In some cases, you’ll also need to apply for a visa from your home country to legally return to the US.

What is voluntary departure from the US?

Voluntary departure from the United States is an option that allows a foreign national to leave the country of their own free will before being formally deported. 

This way, the individual avoids the legal consequences of a deportation order. This option can be requested at the beginning or end of the immigration process, but the individual must cover travel expenses and comply with the deadline established by the authorities.

Not familiar with the different types of deportations in the United States? We invite you to learn more about this topic so you can be better prepared for a possible removal.

Advantages and disadvantages of voluntary departure from the United States

Voluntary departure can be a good option to avoid formal deportation. However, it comes with several benefits and drawbacks:

Benefits of leaving voluntarily

• This won’t leave a record of deportation.
• It could allow you to legally return to the US in the future.
• It is better viewed by immigration authorities if you want to reapply for a visa.

Disadvantages of voluntary departure

• Waives other immigration relief that may apply to your case.
• Is a way of admitting that you were in the country without legal permission.
• You must pay all expenses for your departure, including your plane ticket.
• You have to pay a bail imposed by the judge.
• Once granted, it cannot be cancelled.

Note: If you would like to explore these and many more for your particular case, please do not hesitate to contact our firm today.

Requirements to request voluntary departure from the United States

Now that we’ve seen that you can arrange papers with a voluntary departure, let’s learn about the requirements. 

For a judge to allow you to leave the country voluntarily, you must meet these basic requirements:

• Having been in the United States for a certain period of time.
• Admitting that you were in the country without legal status.
• Withdraw any other pending immigration applications.
• Show that you have the financial means to pay for your departure.
• Maintain a good moral character (8 CFR § 316.10).
• Have a valid passport or travel document.
• Not having been convicted of serious crimes.

Do you have an approved Form I-130 and don’t know what to do next? Our publication has all the information you need. 

How to apply for voluntary departure?

You don’t need to fill out a form to request voluntary departure. Simply request it directly from the immigration judge during your hearing. 

Additionally, you must provide proof of good conduct and demonstrate that you can pay to leave the United States.

What documents do I need to request voluntary departure from the United States?

If you are applying for voluntary departure, it is important to provide evidence of your good character and financial standing. Some of the documents you may need include:

• Letters of support from family members, employers, or community leaders.
• Proof that you have citizen or legal permanent resident relatives (such as birth or marriage certificates).
• Certificates of completed courses.
• Proof that you financially support your family.
• Documents that prove your length of residence in the US, such as invoices or employment records.
• Bank statements or other supporting documents that prove you can pay for your departure.
• Copy of your passport or valid travel document.

What options do I have to legally return to the US after voluntary departure?

If you left the United States voluntarily, you may still have options to return legally. It all depends on your immigration history and the type of visa or permit you can obtain. Some common options include:

• Enter with a valid nonimmigrant visa.
• Re-enter with an immigrant visa or green card.
• Use Advance Parole, if you applied for it before leaving.
• Enter under the ESTA permit program to travel to the United States, if you are a citizen of an eligible country.
• Return with a new approved status, such as asylum or refuge.

We remind you that each case is different and immigration laws can change so it’s always advisable to contact an immigration specialist such as those in our firm.

What happens if I don’t leave the uS even though I have a voluntary departure order?

If you do not leave the country within the timeframe granted for voluntary departure, it automatically becomes a deportation order. 

This can close off many common avenues for fixing paperwork and your case becomes more complex.

However, there are legal options for certain individuals with an active deportation order. Depending on your situation, you may qualify for forms of immigration relief such as:

• T visa;
• U Visa; or 
• VAWA.

Note: Did you know that a U visa can sometimes be denied? Find out why in our blog. 

Is voluntary departure considered expulsion?

Voluntary departure is not considered expulsion, as it is an option that allows the immigrant to leave the US on their own and avoid the penalties associated with deportation.

However, if the individual fails to comply with the departure within the established period, this measure becomes a removal order.

How long does it take for a deportation to be cleared?

A deportation is not automatically erased over time, as it remains permanently on your immigration record. 

However, you may be eligible to apply for an immigration waiver of inadmissibility to the United States. If approved, you may be able to re-enter the US after 10 or 20 years, depending on the circumstances. 

Frequently asked questions On how Can you arrange papers with a voluntary departure

Can I return to the US after voluntary departure?

Yes, in many cases it is possible to return to the United States after voluntary departure. However, everything depends on your immigration history, the length of time you were in the country without legal status, and other requirements that may apply.

To find out if you can return legally and what options you have, it’s best to consult with our immigration attorneys. They will analyze your case and help you make the best decision for your future.

What does it mean to be considered a public charge?

Being considered a public charge means that immigration authorities evaluate whether a person could depend on the government to remain in the United States. 

This can affect the approval of a visa or lawful permanent residency. Therefore, in many cases, it is necessary to demonstrate financial stability or that you will not depend on public assistance in the future.

Is it possible to regularize my status if I have a deportation order?

Yes, in some cases it is possible. In fact, having a deportation order doesn’t mean you no longer have options. Depending on your situation, you could request cancellation of deportation or a stay of the order.

What does A cancellation of removal entail?

A cancellation of removal is an order issued by a judge that temporarily stops an individual’s removal from the country. 

This allows you to legally remain in the United States for a specified period of time. In some cases, it may also pave the way for you to apply for legal permanent residence in the future. 

What does it mean to be inadmissible to the United States?

Being deemed inadmissible means you cannot legally enter the United States or obtain a Green Card. 

Immigration authorities determine this status when certain factors disqualify the person. The most common reasons include: 

• Health problems;
• Criminal record;
• Be a threat to national security;
• Risk of becoming a public charge;
• Having committed immigration fraud or misrepresentation; 
• Have a prior record of deportation; or 
• Having been present illegally or having re-entered the country illegally.

Fix your immigration status with the help of our lawyers

As you’ve seen, voluntary departure doesn’t completely close the door to returning or regularizing your status in the United States. However, each relief and path has its own requirements and conditions, and not all options apply to all cases.

Therefore, having the support of an immigration attorney is key to making the right decisions and avoiding mistakes that could harm your future. 

Now that you know that you can fix your paperwork if you have a voluntary departure, at Lluis Law, our attorneys have the experience necessary to help you with your case. 

Call us today and take the first step toward a legal and secure solution.