Voluntary Departure allows certain individuals in removal proceedings to leave the United States on their own, without a formal removal order being issued.
Benefits:
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Avoids a removal order on your record.
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May preserve eligibility for future immigration benefits.
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More favorable than forced deportation when timed correctly.
Eligibility Criteria:
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Must request it before or at the end of removal proceedings.
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Must demonstrate ability to depart at your own expense.
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Good moral character required.
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Cannot be convicted of certain crimes.
🚫 What Is a Removal Order?
A removal order is a formal directive issued by an immigration judge requiring you to leave the U.S. This can result from:
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Violating visa terms.
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Being unlawfully present.
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Criminal convictions or immigration fraud.
Consequences:
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A bar from reentry for up to 10 years.
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Potential detention and forced deportation.
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Reduced eligibility for future U.S. visas or status.
🆚 Voluntary Departure vs. Removal: Major Differences
| Feature | Voluntary Departure | Removal Order |
|---|---|---|
| Entry on Record | No deportation record | Deportation recorded |
| Reentry Bar | Usually none (if timely) | 5–10 year bar, possibly permanent |
| Eligible for Future Visas | Often yes | Significantly limited |
| Financial Responsibility | Must pay own way | Government may pay |
📌 Strategic Considerations
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Time-sensitive: Voluntary departure must be requested early.
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Legal advice critical: A wrong move can mean long-term bans.
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Departure compliance: Leaving on time avoids penalties.
📞 Facing removal proceedings? Borderless Lawyers helps you assess your eligibility for voluntary departure and avoid long-term immigration consequences. Let us guide your best defense.