Immigration: Deportation and Voluntary Departure

Immigration: Deportation and Voluntary Departure

01/06/2017

If you as a non-citizen of the U. S. are apprehended by the immigration authorities and it is clear that you have no right to be in the U. S. and you are fully aware that you will be removed from the U. S. you have two options:

An order of removal or A discretionary grant of voluntary departure

Both options have a direct impact on your rights to return to the U. S. in future. This article will discuss how the two options affect your ability to return to the U. S. in future.

Order of removal

An order of removal means that you have been found as having no right to remain in the U. S. Such an order is made by an immigration judge and is granted if you are either:

Inadmissible – that is, you fall into the category of people who are not allowed to enter the U. S. according to the law;

Deportable – that is, you fall into the category of people who have done something that revokes their right to be in the U. S., this right would be due to a visa or a green card

If you are ordered removed, the Immigration and Customs Enforcement is required to physically remove you from the U. S. within ninety days, from the date the removal order was finalized. However, if you committed a certain type of crime then you will be detained for the duration of the ninety day period without bond or any other pre-removal conditions of release.

After you have been removed from the U. S. you will not be allowed to return for a number of years. You will in effect have become inadmissible. The duration of your inadmissibility is determined by the reason you were deported and the term of inadmissibility ranges from five years to permanent.

Voluntary departure

Voluntary departure allows you to leave the U. S., within a certain period of time on your own without being put under a removal order. This thus entails you funding your departure from the U. S. to your home country. 

Voluntary departure can be requested from either:

The Immigration and Customs Enforcement – before your court date

The immigration judge – at the beginning or at the end of your removal proceedings

Voluntary departure is described as a discretionary relief and therefore an applicant is not entitled to it and you must meet a certain criteria in order to be eligible. Further, it is easier to be granted voluntary departure in court at the beginning of your proceedings than at the end. One advantage of voluntary departure are that it does not lead to an inadmissibility bar if you were in the U. S. unlawfully for less than one year.

Before considering voluntary departure or removal, speak to an attorney to assist you and represent your interest in immigration court proceedings. Further, if you have a Detroit green card be sure to seek out a law firm of renowned professionals who specialize in immigration law. 

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Richard Herman is a nationally-known immigration attorney with 20+ years of experience representing families and businesses in all aspects of immigration law. Richard was voted for inclusion in the 2015 edition of The Best Lawyers in America© and listed in Super Lawyers© for ten consecutive years, Richard is the founder of the Herman Legal Group, an immigration law firm serving clients in over 12 languages from offices in Cleveland, Columbus and Detroit, whose attorneys have represented diverse clientele, from Fortune 500 companies to undocumented workers, from technology entrepreneurs to NFL teams. He is the co-author of the acclaimed book, Immigrant, Inc. ---Why Immigrant Entrepreneurs Are Driving the New Economy (John Wiley & Sons, 2009). Richard has appeared FOX News (The O’Reilly Factor), ABC News 20/20, National Public Radio, and has appeared in the New York Times, USA Today, BusinessWeek, Forbes, Inc., PC World, Computerworld, CIO, TechCrunch and InformationWeek.

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