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What are the pros and cons of voluntary departure?

On Behalf of | Sep 2, 2022 | Firm News

Prospective immigrants based in Mississippi and other areas often have concerns about deportation. Often, being deported can result in a person being barred from returning to the United States for several years. Voluntary departure may be a solution, but it’s helpful to know the pros and cons.

Understanding voluntary departure

Voluntary departure is an option of relief for foreign nationals to leave the United States if absolutely necessary. To gain the ability to leave this way, foreign nationals are required to apply so that they can return to their home country. Unlike deportation, voluntary departure requires people to pay their own expenses to return to their home country.

There are three types of voluntary departure that can be requested. One is a prehearing voluntary departure, which offers relief to a person as long as they meet certain criteria.

Voluntary departure by stipulation can be granted if the foreign national and the Department of Homeland Security reach an agreement before a final hearing.

Post-conclusion voluntary departure can be granted after a removal hearing if the individual meets certain requirements.

Benefits of voluntary departure

One of the biggest benefits of voluntary departure is that it gives a foreign national the option to go back to their home country without fear of deportation. As a result, there is no worry about being barred from reentry to the U.S. and no issue of facing criminal charges or penalties upon reentering the country.

Disadvantages of voluntary departure

There are also disadvantages of voluntary departure. A foreign national who chooses it does not have an easier time returning to the U.S. if they were not legally in the country. This means that they might have to wait for several years before they are allowed reentry into the U.S.

Choosing voluntary departure may or may not be helpful to your situation. Weighing out the pros and cons can help you decide if it’s right for you.

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