Voluntary Departure from the U.S.

If you commit a crime, come to the U.S. illegally, fail to meet your visa’s requirements, or refuse to leave after your visa expires, you can be forcibly removed from the U.S. in a process called deportation. United States law allows for foreign nationals to be banned from the U.S. for three or ten years following this forced extraction. However, should you participate in voluntary departure then you may be able to avoid banishment from the United States.

The laws regarding nonimmigrant visas and immigration petitions can be confusing. Fortunately, however, an experienced immigration lawyer can help guide you through the process so that you can avoid deportation. To discuss your situation, contact a knowledgeable Orange County immigration attorney from Garg & Associates, P.C., at 949-540-6704 today.

What is Voluntary Departure?

If you stay in the U.S. beyond the approved duration of your visa, you can face more than just deportation. Unlawful residence for at least 180 days but less than one year can prevent you from returning to the U.S. for at least three years. Should you reside in the U.S. illegally for over a year, you may have to wait ten years before applying for readmission. If you qualify for voluntary departure, though, you may be able to apply for readmission immediately upon arriving in your home country.

People Eligible for Voluntary Departure

Under the Illegal Immigrant Reform and Immigrant Responsibility Act of 1996, or IIRIRA, you can voluntarily depart the United States in order to avoid forcible deportation. To be eligible for voluntary departure, you must meet the following requirements:

• Good moral character for the past five years
• No specific reason for deportation
• At least a year of residence before receiving a notice for potential deportation
• Ability and means to leave the U.S.
• Demonstrable intention to leave the U.S.
• Voluntary departure provides a dignified alternative to deportation from the United States.

Contact Us

When you are coming to the U.S., it is important to understand the requirements and expiration date of your visa so that you do not violate the law. If you need help with filing a nonimmigrant visa or an immigrant petition, please contact an experienced Orange County immigration lawyer from Garg & Associates, P.C., at 949-540-6704.