Not every immigration case ends with a person remaining in the United States. In some situations, voluntary departure may provide a more favorable outcome than receiving a formal removal order. Voluntary departure is often discussed as an alternative to deportation proceedings. While no one wants to be forced out of the country they call home, agreeing to leave voluntarily could avoid difficult deportation proceedings and also protect your ability to return to the U.S. in the future.
If you are facing deportation and removal, our compassionate deportation defense attorneys are here to help. Our Scottsdale voluntary departure lawyers understand how challenging these circumstances can be, and we can ensure that you are treated fairly as you navigate the process.
Voluntary departure allows a person in removal proceedings to leave the United States willingly instead of receiving a formal deportation or removal order from an immigration judge. This is usually considered a last-resort option when it appears that any chance of remaining in the country lawfully is gone. For individuals in Scottsdale seeking guidance from a voluntary departure lawyer, this option is often discussed as part of broader removal defense strategies and must be carefully evaluated based on the facts of the case.
When voluntary departure is granted, the individual agrees to depart the country within a specific period established by the court. In exchange, the government does not enter a removal order. This allows the person to leave on their own terms instead of being taken into immigration custody.
Voluntary departure is not available in every case. The applicant must meet certain eligibility requirements and convince the immigration court that granting the request is appropriate. Factors such as criminal history, immigration violations, and compliance with court proceedings can affect eligibility.
Although voluntary departure does not provide lawful status or permission to remain in the United States, it can offer important advantages compared to a removal order.
There are benefits to voluntary departure, especially when you are concerned about the strength of your deportation defense. Our attorneys can recommend voluntary departure to Scottsdale residents due to the following benefits.
One of the most significant benefits of voluntary departure is avoiding a formal deportation order. A removal order can create serious barriers to future immigration opportunities. By departing voluntarily, an individual may avoid some of the penalties and restrictions that often accompany a deportation order, including being taken into custody.
Many people who leave through voluntary departure retain greater flexibility when pursuing immigration benefits in the future. Depending on the circumstances, a person may later qualify for a family-based visa, employment-based immigration benefit, or another lawful pathway back to the United States. A formal removal order can complicate those efforts and may trigger additional periods of inadmissibility.
Voluntary departure shows that the individual complied with the immigration court’s order and left the country as directed. This could be a major benefit during future immigration proceedings.
Individuals granted voluntary departure generally have more control over how and when they leave the United States. This additional flexibility often reduces some of the stress associated with having to leave the country.
You have the ability to request voluntary departure during different phases of the deportation process. Individuals in Scottsdale reviewing their options with a voluntary departure lawyer often learn that timing plays an important role in how these requests are evaluated. Some individuals seek voluntary departure before the conclusion of their case, including before or during the master calendar hearing process. Requests made at this stage often involve different eligibility requirements and may allow a person to resolve the case more quickly.
Others pursue voluntary departure at the end of removal proceedings after presenting their defenses and requests for relief. If the immigration judge denies other forms of relief, voluntary departure may remain available as an alternative to a formal removal order.
If you are concerned about the prospect of removal, leaving voluntarily might be your best option. Call today to learn how our Scottsdale voluntary departure lawyers help residents deal with this challenging situation.
