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Immigration: Considering Voluntary Deportation

Author: Ivan Gomez
by Ivan Gomez
Posted: May 17, 2017

Are you facing deportation or removal proceedings and you have no legal grounds to remain in the U. S.? If you are speak to your immigration lawyer and he or she may suggest voluntary deportation. This article will discuss what voluntary deportation is, what qualifies a person for a voluntary deportation and the benefits that come with it.

What is voluntary deportation or departure?

Voluntary deportation is commonly known as voluntary departure or voluntary return; it allows a person to leave the U. S. at their own expense and the person avoids many consequences associated with deportation. An individual can request voluntary departure or deportation from either:

?The Department of Homeland Security before appearing in court?The Immigration Judge at your first appearance in court or?Before the Immigration Judge at the conclusion of the immigration court proceedings

In order for you to voluntarily depart from the U. S. the Department of Homeland Security has the authority to allow you to voluntarily depart before court proceedings, also an Immigration Judge has the power to grant your order of voluntary departure at the first hearing or at the conclusion of the court proceedings. However, it becomes harder to qualify for voluntary departure if you are found to be removable at the conclusion of the court proceedings.

The basic requirements that qualifies an individual to be able to voluntarily depart from the U. S. as permitted by the Department of Homeland Security or an Immigration Judge is that the individual must have no aggravated felony or terrorism convictions. Further, the Department of Homeland Security or the Immigration Judge must also believe that the individual actually intends on departing from the U. S. and that the person is not using it as an opportunity to slip away from detention or from the Department of Homeland Security. Some other basic requirements to receiving a voluntary departure are:

?Withdrawal of any applications for relief. For example, cancellation of removal?Admitting that the Department of Homeland Security’s allegations in respect of your removal are true?Waiving your right to appeal the judge’s decision on your case

If you decide to request voluntary departure at the conclusion of the proceedings the Immigration Judge will consider all the facts of your case and the overall impression you made during the hearing and whether or not you seem to deserve the opportunity to voluntarily depart from the U. S. Further, additional requirements will be imposed upon you as below:

?You must have been present in the U. S. for at least 1 year?You must produce the required travel documents?You must show the financial means to depart?You must be a person of good moral character for the past 5 years?You must post a bond in an amount set by the Immigration Judge

While the government offers volunteering departure as a privilege there may be a number of effects such an option may have on your future entry into the U. S. Therefore, if your proceedings require that you visit Detroit Immigration Court speak to a lawyer to inform you of the consequences of voluntary departure.

For an immigration attorney in Columbus Ohio, the author recommends the Herman Legal Group.

About the Author

If you’re looking for an Immigration Office in Columbus for your deportation problems, then the author of this article recommends the Herman Legal Group.

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Author: Ivan Gomez

Ivan Gomez

Member since: Jun 27, 2016
Published articles: 9

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