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How Can Voluntary Deportation Help You?
Voluntary departure is also known as “voluntary return” or “voluntary deportation.” Andres Mejer, immigration attorney, explains what voluntary departure is, who pays for you to leave the US when you can ask for it, and WHY it may be beneficial to do so. There are certain requirements you must meet to qualify for voluntary departure. Andres reviews what these are.
Andres Mejer: Voluntary Departure. What is it so voluntary departure is also commonly called voluntary return or voluntary deportation. It allows a person to leave the U.S. at his or her own expense and avoid many of the immigration consequences associated with deportation. Now you can request voluntary departure either from Department of Homeland Security before appear in court from the immigration judge at your first appearance in court or at the end of your court when the judge denied your your beliefs says I’m sorry you don’t you don’t qualify under under asylum you can request a voluntary departure. Again at that time so is prior to court at court or at the end of court. What are the requirements for preventing departure. Well you have to be present the U.S. at least one year. You have to have drug travel documents to go back to your country like a passport. If you don’t have that then you don’t qualify. You can’t have been convicted of an aggravated felony or terrorism related conviction. You have to prove it’s your intention to leave to depart the United States. Now you could just say it’s my intention in some cases that’s proof enough. You have to withdraw any applications for relief for example cancellation removal or asylum that’s pending with the court. You have to admit that you’re removal from the U.S.. Yes Your Honor I concede the fact that I entered without permission. I concede the fact that I’m not a U.S. citizen. I concede the fact that I am a citizen of Chile and I am requesting voluntary departure to go back to Chile. Those are my concessions that I have to make to put on the judge. I also am waiving my right to appeal. So if I go to trial and the trial goes against me and I’m asking for voluntary departure I am waiving my right to appeal that decision. That decision becomes would become final. But for my voluntary departure and I have to show that I can afford to pay for the ticket. Usually that’s why here you’re here Your Honor is the ticket I already bought. That’s how you show. Now why request voluntary departure. What’s the benefit. Is there any benefits. If today you are eligible for no relief you’re in removal proceedings and you’re detained. Well voluntary departure gets you out of jail sooner. It also avoids an order of removal. So let’s for a purpose of conversation say I’m Andrés Mejer kid. I’ve been in the U.S. 20 years I have never applied for anything. I’m a I’m undocumented. I am detained if I have an order of removal. I am now inadmissible to the United States for at least two reasons one I’ve been in the U.S. more than one year. So when I leave I mean invisible for 10 years and 2 a judge ordered my deportation. Now I can wait 10 years and the first one goes away. Order of removal. Not so much. So voluntary departure removes it. I don’t get an order I don’t get another grounds of inadmissibility. Instead I still have to deal with the 10 years of the one year of unlawful presence. I get more time to settle my affairs. Look if I’m detained meaning I’m in jail and I get an order of removal ice is going to try to deport me within 1 to 3 weeks as quickly as they possibly can. I don’t get to go back to my apartment and pack my stuff. I don’t get to mail what I want to mail. I don’t get to close out my bank accounts and do all that stuff. I’m on a plane as soon as the government gets me on one. Now if I take voluntary departure the judge might give me a bond. I say this and you gotta pay a certain amount to prove that you’re going to leave within 120 days. Generally speaking, I will have to leave off the Palmer ticket but I could pack my house I can empty out my bank accounts I could sell my car I could sell my property I can ship whatever I want to ship I have that ability that I otherwise wouldn’t have. If you have any questions put him down below subscribe to our channel. If there’s a subject you want us to talk about in the future. Put it in the comments we review it and maybe we’ll talk about it in the weeks to come.