Deportation Vs. Voluntary Departure: What is the Difference?

Noncitizens within the United States who are apprehended by immigration enforcement and who do not have a valid defense for removal procedures will not be able to stay in the country. In this scenario, such an individual would be faced with leaving the U.S. either through an order of removal with deportation or a grant of voluntary departure.

While each option has the same result, which is departure from the U.S., the methods for exiting the country are different. Additionally, one’s rights may be affected depending on which option is utilized.

If you are in a position where you must consider which of the two procedural routes to take, you must speak with an attorney before a decision is made. An attorney can review your case and determine if any pathway or possibility exists where you can stay in the U.S. If all avenues for remaining in the country have been exhausted, an attorney can advise you of your best options for leaving.

The Atlanta deportation defense lawyers at Shirazi Immigration Law, Inc. can meet with you and help you effectively navigate the U.S. immigration system and secure the most optimal results.

 Deportation

When you have an order of removal against you, this essentially means that you are not allowed to stay in the United States, nor do you have any right to be in the country. Or, it may mean you forfeit your right to be in the country by committing a deportable offense. An order of removal will lead Immigration and Customs Enforcement (ICE) to physically take you and remove you from the U.S. or take you to immigration detention.

Deportation from the U.S. means that you will lose your ability to return to the country. In other words, you will be inadmissible for a specified period of time. The length of time you are inadmissible is dependent on the reasons behind why you were deported. It is possible that a deportation can result in five years of inadmissibility or permanent inadmissibility.

 Voluntary Departure 

You must ask ICE or an immigration judge for a voluntary departure. If you are granted a voluntary departure, which is discretionary, you will be given a certain amount of time to leave the U.S. Instead of the government arranging your means to leave, you would do so on your own. This gives you more flexibility, but you have to pay the costs of leaving. Usually, a bond is issued to ensure that you leave by the specified time. One of the most significant benefits of voluntary departure is that, unlike deportation, you may still be allowed to keep your right to come back to the U.S. and not be considered inadmissible.

Speak with an Atlanta Immigration Attorney Today 

For a consultation to discuss your immigration needs and case, please call Shirazi Immigration Law, Inc. at 404-523-3611. One of our Atlanta, GA, immigration lawyers is here to help.

Source:

usa.gov/deportation-process