“Voluntary Departure” is a request that must be approved to avoid deportation, but that implies that immigrants affected by it must leave the United States within a set period of time. They must pay for the cost of the trip themselves. The Voluntary Depart must be immediately accepted once it is in the hands of the immigrant. There are serious consequences if he or she does not comply with his or her obligation.
It is very important that the immigrant consults his or her attorney in order to really understand the possible consequences of taking the decision not to leave the United States before the date specified in the Voluntary Departure order/agreement.
- There is not a second chance to get another Voluntary Departure.
- Any possibility of solving immigration problems may be impaired in the future.
- The 10-year bar to return to the U.S. is automatically applied.
- When the fails to comply with Voluntary Departure, it automatically becomes a Deportation Order without any further appearances in court.
- Deposited bonds are not refundable.
- The immigrant may be fined $ 1,000 – $ 5,000.
Are There Any Exceptions to These Consequences?
Exceptions are only possible if the immigrant can prove that, due to physical impediment, he or she cannot leave the United States on the date indicated in the order of voluntary departure. Another exception could be made in case that, for reasons beyond his or her control, he or she was unaware of the order.
Not having money to pay the ticket back to the country of origin or considering that the family will suffer a lot if the immigrant leaves the country are NOT valid excuses.
It is essential for the immigrant to have adequate legal advice. He or she needs an honest attorney who knows how to defend his or her client. If you cannot afford an attorney, you can try to find one who works pro bono, that is, without charge.
Beltran Brito LLP has the most qualified advisers on immigration issues. We are a group of immigration attorneys who guide people in the process of applying for a work visa or a green card. Feel free to visit.