Does voluntary departure count as removal?

Does Voluntary Departure Count as Removal?

Voluntary departure is an option available to certain noncitizens facing removal proceedings in the United States. It allows individuals to leave the country willingly without being formally deported. This can have significant implications for their future immigration status.

Understanding Removal

Removal is the process by which a noncitizen is ordered to leave the United States. It is the result of a formal deportation proceeding before an immigration judge. Once a removal order is issued, the individual is required to depart by a specified deadline. If they fail to comply, they may be subject to arrest and detention.

Voluntary Departure vs. Deportation

Voluntary departure is different from deportation in that it is not a formal removal order. Instead, it is an agreement between the noncitizen and the government to allow them to leave the country voluntarily. This means that there is no formal finding of deportability on their record.

Benefits of Voluntary Departure

Opting for voluntary departure can have several benefits:

• Avoids a Formal Removal Order: Voluntary departure prevents the noncitizen from having a formal removal order on their record. This can make it easier for them to re-enter the United States in the future.
• Flexibility for Re-Entry: Voluntary departure allows the noncitizen to choose their departure date, within the timeframe specified by the government. This provides them with more flexibility and control over their departure arrangements.
• Minimizes Future Immigration Complications: Voluntary departure minimizes the potential for future immigration complications. By leaving the country willingly, the noncitizen avoids the negative consequences associated with a formal deportation order.

Eligibility for Voluntary Departure

Voluntary departure is not available to all noncitizens facing removal proceedings. To be eligible, individuals must meet certain criteria, including:

• Not being a threat to national security or public safety
• Not having a criminal record that would bar them from future entry
• Not having previously been deported or ordered to leave the United States

Conclusion

Voluntary departure is a valuable option for noncitizens who wish to avoid the negative consequences of a formal removal order. It allows them to leave the country willingly and maintain more flexibility for potential future re-entry. However, it is important to note that voluntary departure is not always available and individuals should consult with an experienced immigration attorney to determine if they are eligible.