Violating a Voluntary Departure

Voluntary Departure is a form of relief in deportation cases. When an alien agrees to voluntary departure they are agreeing to leave the country on their own volition and pay. The government will not pay for your departure unless you are currently in custody. If you are in custody the government may or may not deport you the same day to the nearest location for your country of return. Country of return is generally your home country but you can nominate a different country, but you will need good reasons to show shy you should not be deported to your home country.

By agreeing to voluntary departure the alien is able to avoid a final order of removal. This is preferable because a final order of removal cancels most if not all forms of relief (if in the United States at a later time) and can prevent you from applying to re-enter the United States within 10 years of the departure order. If you choose to stay in the United States after requesting a voluntary departure and your time to depart has expired your voluntary departure order changes into a final order for removal and you are looking at very serious consequences. Furthermore, voluntary departure is not always available as an option. For example, if you have violated prior deportation orders or are convicted of an aggravated felony. voluntary departure is not an option.

Violating a voluntary departure occurs when you do not leave the United States within the alloted time. In order to show that you left the United States in time, you need to visit the consulate or embassy and ask for immigration paperwork that shows you left the United States after an order for voluntary departure. This is the safest option. However, getting to a consulate or embassy may not always be an option. In these cases, keep any documentation showing you left the country (i.e. plane tickets, stamps on your passport, boat tickets, letters addressed to you in your home country, utility bills in your home country, etc.)

Voluntary departure is a useful tool and can help an immigrant get back into the United States faster than a final order for removal, however, violating the voluntary departure can put you in a worse position than before!