Once you’re detained by immigration in California, that’s when the real questions begin. The big one is pretty simple: what should I do now? You’re going to be presented with a lot of information and documents that could include what’s called a “voluntary departure.” While this lets you leave on your own terms, it’s not always an easy way out of detention. Maison Law Immigration Lawyers can help you understand your options and what to do next. Set up a one-on-one consultation today.
What’s Voluntary Departure and How Does it Work?
A voluntary departure is an official option that can be offered to an immigrant that’s been detained by immigration officials, whether that’s ICE or a judge. Basically, it’s a form that says you’ll leave the country on your own, rather than be deported.
The benefit of signing a voluntary departure is that it lets you avoid an official removal order, which can make it easier to return to the country in the future. But it’s not automatic, and has its own process:
- Determining eligibility. Not every detainee is going to get offered voluntary departure. Generally, ICE is only going to offer it if you:
- Don’t have a serious criminal record
- Either be in the U.S. legally or have a strong case for not being detained.
ICE or the immigration court will review your individual situation before deciding whether to grant voluntary departure.
- The agreement. If you’re approved, you’ll be given a specific deadline to leave the country, usually between 60 and 120 days. You’ll then sign a written agreement promising to depart by that date.
- Leaving the U.S. You are responsible for arranging your own travel, and leaving on time is critical. Missing the deadline can trigger automatic removal and long-term bars to returning to the country in the future.
Like any situation, there’s benefits and drawbacks to a voluntary departure. That means whether or not you should sign one comes down to your particular situation.
Should I Sign a Voluntary Departure?
The benefits of a voluntary departure are pretty clear. You’re maintaining some level of control over your situation by voluntarily leaving the country and leaving the door open to return in the future. But ultimately, whether or not you should sign one comes down to what you want to do:
- What other options do you have? Signing voluntary departure may limit your ability to fight removal or pursue other relief. For example, if you have a pending family petition, adjustment of status, or some other application, leaving would obviously impact those.
- How much time do I have? Voluntary departure comes with strict timelines. If your family situation is more complicated or there’s health or job issues, being able to leave in time might not be feasible. And if you miss the departure date, you’re likely going to be hit with a full removal order.
- What does the future look like? This is the hardest to understand, but you need to think about how voluntary departure fits into your long-term goals. While it avoids a formal removal order, it’s still a record of your exit and getting back into the country might not be as simple in the future.
If you’ve been detained and get offered a voluntary departure, it can be tempting. That’s actually the whole idea. Being able to leave on your own terms rather than being deported is a way that you keep control of your own destiny. But there’s always strings that come with any decision you make.
That’s when you can turn to our California immigration lawyers at Maison Law Immigration Lawyers. We’ll look at your situation and guide you through everything. Set up a confidential consultation today.
