The voluntary departure It is an option for detained migrants for him Immigration and customs control from the USA (ICEfor its acronym in English) and are exposed deportation. As part of this process the Foreigner They take care of theirs release and in most cases you will not be prevented from doing so legal re-entry in the future.
On site Online Legal Aid in Illinois (ILAO) declare that the voluntary departure means that a person decides to leave the USA on his own instead of being officially deported. That has to be the case granted by an immigration judge or for him Ministry of Homeland Security (DHSfor its acronym in English).
If a person apply for voluntary departure:
A guide for National Center for Immigrant Justice (NIJC) adds that it is one Services for incarcerated and non-incarcerated individuals who want to return to their country of origin.
However, he cautions: “In some cases may be the only option availablebut in others, The government can use it as leverage Persuading someone to give up their rights or other immigration benefits, even if voluntary departure doesn’t help them much.”
A person can Request it before the preliminary hearing or at the end of the procedureprovided it meets the necessary requirements.
The NIJC states that if Voluntary departure is grantedthe foreigner does not receive a deportation order“What can help preserve the possibility of re-entry into the United States in the future”.
In addition, if the migrant has a Family member who can petition on your behalfthis resource can help you apply for a visa even after leaving the United States, without having to wait for the inadmissibility period to expire.
The option is most commonly used when a person does not want to complete their case the procedures of deportation While she is being held, she wants to Keep some hope for future application, although this does not guarantee a new outcome.
In Immigration equality they refer to it Voluntary departure is preferable to expulsionbecause when a person is established deportationyou can Ban on re-entry into the United States for up to ten years Entering without proper authorization may result in civil and criminal penalties.
In addition, a person with a Expulsion order You are prohibited from requesting removal removal, adjustment of status, etc other immigration benefits for ten years.
A guide created by Florence Immigrant & Refugee Rights Project and posted on the ICE website states that a A migrant cannot achieve voluntary departure Yes:
The Voluntary departure is a recognized legal procedure what an application requires and the Approval from an immigration judge. While the Self-deportation describes the act by which a non-citizen voluntarily leaves the United States on their own, ILAO legal experts explain.
The difference is in the second option Immigration courts do not interveneis not recognized by law and may involve risks and complex legal implications.
“Self-deportation means leaving the United States on your own. without having to go through a court process. There is no official law that defines how it works and it is not legally recognized,” they warn.
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