Consequences of Failing to Comply With Voluntary Departure
In some immigration cases, an immigration judge may grant voluntary departure instead of issuing a formal removal order. Voluntary departure allows a person to leave the United States on their own within a specific time period.
However, if someone fails to depart within the time allowed, the consequences can be serious and may affect their ability to obtain immigration benefits in the future.
Understanding the consequences of failing to comply with voluntary departure is extremely important for anyone who has received this form of relief from an immigration court.
What Is Voluntary Departure?
Voluntary departure is a form of relief that allows certain individuals in removal proceedings to leave the United States voluntarily instead of being formally deported.
This option may provide several advantages, including:
- Avoiding a formal removal order
- Potentially avoiding certain long-term immigration penalties
- Allowing the person to depart the United States on their own terms
Voluntary departure may be granted either:
- Before the conclusion of immigration court proceedings, or
- At the end of the case by an immigration judge
In both situations, the individual must leave the United States within a specific deadline.
Deadlines for Voluntary Departure
The immigration judge will set a specific deadline by which the person must leave the United States.
Typically:
- Pre-conclusion voluntary departure may allow up to 120 days
- Post-conclusion voluntary departure generally allows up to 60 days
The individual must depart the United States before the deadline expires.
What Happens If You Do Not Leave Within the Deadline?
If someone fails to depart the United States within the voluntary departure period, several serious consequences may occur.
Automatic Removal Order
If voluntary departure is not completed, the voluntary departure order usually automatically converts into a removal order.
This means the person may become subject to deportation by immigration authorities.
Ten-Year Bar on Certain Immigration Benefits
One of the most serious consequences is that failing to comply with voluntary departure can trigger a ten-year bar on certain immigration benefits.
Under U.S. immigration law, individuals who fail to depart after receiving voluntary departure may become ineligible for certain forms of immigration relief for ten years, including:
- Adjustment of status (green card)
- Cancellation of removal
- Voluntary departure again
- Change of status in some situations
This penalty can significantly affect future immigration options.
Financial Penalties
In some cases, immigration courts require individuals granted voluntary departure to post a bond before leaving the United States.
If the person fails to depart within the required period, the bond may be forfeited.
Increased Risk of Immigration Enforcement
Once voluntary departure is violated and a removal order becomes effective, the person may become a priority for immigration enforcement.
This may result in:
- Arrest by immigration authorities
- Detention
- Deportation
Can the Deadline Be Extended?
In most situations, voluntary departure deadlines cannot be extended by the immigration court once they have been granted.
However, in certain cases individuals may request changes or pursue other legal options before the deadline expires.
Because the timeline is strict, it is important to seek legal advice as soon as possible.
How an Immigration Attorney Can Help
If you have been granted voluntary departure, it is important to fully understand your options and the consequences of failing to comply.
An immigration attorney can help by:
- Reviewing your immigration case
- Explaining the risks of failing to depart
- Identifying possible legal options
- Determining whether other immigration relief may be available
Taking action early can help prevent serious immigration consequences.
Immigration Legal Help
If you or a family member has questions about voluntary departure or removal proceedings, it is important to seek legal guidance.
At Gonzalez Legal, P.C., we assist clients with:
- Deportation defense
- Motions to reopen immigration cases
- Immigration court representation
- Family-based immigration cases
Contact Gonzalez Legal, P.C. today to schedule a consultation and discuss your immigration case.
Frequently Asked Questions
What happens if I do not leave the United States after receiving voluntary departure?
If you fail to depart within the voluntary departure period, the order may automatically convert into a removal order, and you may face additional immigration penalties.
What is the penalty for failing voluntary departure?
Failing to comply may trigger a ten-year bar on certain immigration benefits and may lead to deportation.
Can voluntary departure be extended?
In most cases, immigration courts cannot extend voluntary departure once it has been granted.
Should I speak with an immigration attorney if I received voluntary departure?
Yes. An immigration attorney can help you understand your options and evaluate whether other forms of immigration relief may be available.
E. Gonzalez, Esq.
Latest Posts
by E. Gonzalez, Esq.Consecuencias de no cumplir con la salida voluntaria
En algunos casos de inmigración, un juez de inmigración puede conceder la salida voluntaria en lugar de emitir una orden formal de expulsión. La salida...
by E. Gonzalez, Esq.Consequences of Failing to Comply With Voluntary Departure
In some immigration cases, an immigration judge may grant voluntary departure instead of issuing a formal removal order. Voluntary departure allows a person...