The voluntary return o voluntary departure at United States is a legal alternative that allows certain immigrants leave the country of their own accord before a judge issues an order to leave the country. formal deportation order.
This option, which on the surface may seem simple, has important implications for both the present and the future of migration.
We want to help you understand what exactly the voluntary returnThe company has a wide range of information about its requirements, benefits, risks and terms, and what you should keep in mind if you are ever faced with this decision.
What is voluntary return in the U.S.?
The voluntary return is a benefit granted by the immigration laws that allows an immigrant to leave the country United States without the issuance of a formal deportation order.
In short, the person is committed to to leave the country within a specific period of time and, in exchange, avoids the most severe consequences of a deportation.
It is a discretionary benefitis not an automatic right, but rather an option granted by judges or immigration authorities to those who meet certain requirements, such as no serious criminal record or represent a safety risk.
In short, the voluntary return offers a more dignified way out and with fewer negative consequences than a deportation.
Requirements to apply for voluntary return
The voluntary return is not granted automatically. It is a discretionary benefit, which means that the immigration authorities or the immigration judge evaluate each case on an individual basis before granting it.
For this reason, it is important to know what conditions are usually required and how they may vary depending on the time of the application process.
Generally speaking, the requirements are intended to ensure that the person requesting the voluntary return has a clean record, is willing to cooperate and is able to effectively fulfill her departure from the country.
Most common requirements
Although there may be differences depending on the case and the court, the most common requirements for applying for the voluntary return are as follows:
- No serious criminal record.
The person applying for this benefit must not have been convicted for feloniesThe crime is not a threat to the community, as it demonstrates that he or she does not pose a threat to the community. Offenses related to drugs, violence or fraud are usually an automatic cause of refusal. - Not have committed immigration fraud or represent a danger to public safety.
If it is detected that the immigrant entered with false documentsIf you have been involved in a crime, submitted misleading information to the authorities, or engaged in activities that jeopardize the security of the country, it is highly unlikely that you will be granted a voluntary return. - Demonstrated good moral character during the time of stay in the United States.
The judge or officials take into account such factors as the respect for the lawthe personal liabilityl and the absence of behaviors that show a lack of integrity. This is known as the "good moral character". - Present a valid passport or other travel document.
It is essential that the person can prove his or her identity and has the documentary means to return to his or her country. Without a valid passport or other recognized document, the voluntary return is made difficult because the authorities need to ensure that the exit is viable. - Accept departure from the country within the established time limit.
This point is key, the person must commit to leave within the established time. If the voluntary return is approved by a immigration judge at the end of a process, the time frame is usually between 60 and 120 days.
Differences according to the time of the process
The time at which the voluntary return influences the requirements and the timeframe for exit.
- Prior to immigration court proceedings:
When the offer comes directly from a immigration officer (e.g., at the border or in a detention center) the requirements are usually less stringent, but the time to leave is much longer. shortest. In these cases, the immigrant can have hardly any a few days to organize their return. - During or at the end of a proceeding before a judge:
Here the requirements tend to be more rigorous because there is already a proven track record in court. The judge may request additional guarantees, such as the delivery of the passport to ensure that the person will come out, or even demand a financial guarantee. The advantage, however, is that the deadline for leaving United States can be extended to 120 daysThis allows for better planning of the outing.
Benefits of voluntary return
Although leaving United States It is never an easy decision to accept a voluntary return can have significant advantages compared to receiving a formal deportation order.
This alternative does not completely eliminate the difficulties of having been in a migration processbut it does soften many of the legal, emotional and practical consequences of deportation.
Avoids more severe antecedents
The most important benefit of the voluntary return is that it prevents the issuance of a formal deportation order against you.
This means that your migration history will not be marked with a forced expulsion, something that weighs heavily when in the future you want to apply for some type of visa, permit or adjustment of status.
Having a "clean" record as compared to a "clean" record as compared to a "clean" record as compared to a deportation opens up more possibilities so that, at some point, you can come back to enter legally to the United States.
For example, if in the future a family direct requests the residence for youIf you do not have a previous deportation, it may facilitate the process and reduce entry bans.
Reduces sanctions and re-entry bans
When a person is deportedautomatically triggers a re-entry ban that can last up to 10 years. On the other hand, if you opt for the voluntary returnIf the penalty is not applied immediately, this penalty is not applied immediately.
This does not mean that the person remains free of sanctions if you have accumulated prolonged illegal presence in the countrybut it does make a big difference in terms of time and opportunity. For example:
- A person with less than 1 year of illegal presence can come out under voluntary return without receiving the sanction of 3 or 10 years.
- On the other hand, someone with more than 1 year of paperless permanence can face restrictionsbut the fact that it does not have a formal deportation in history gives you more leeway to future applications.
Greater control over output
Another clear advantage is that the voluntary return offers the possibility to organize the departure from the country in a more orderly manner.
Instead of being escorted by immigration officials y forcibly expelled in a matter of hours or days, the person can have a period of time, which can reach up to 120 days if the benefit is granted by a judge, to close pending matters.
This includes:
- Prepare the family for the transition.
- Resolve work or academic issues.
- Organize moving or shipping of belongings.
- Coordinate the return to the country of origin with greater peace of mind.
Control over time and manner of departure makes a significant difference in the emotional experience of the individual and his or her environment.
Reduced emotional impact on the immigrant and his or her family
Being deported carries with it a strong emotional impactthe stigmatization of being expelled due to the force, uncertainty and stress generated by the intervention of the authorities.
On the other hand, the voluntary returnalthough it is still a obligatory departure, reduces that psychological burden.
The person can calmly communicate his or her decision to family members y friendsplan your arrival in the country of origin and, in many cases, preserve the hope of a better future.future departure to the United States.
In addition, for the children and family members who stay behind, the difference between a deportation and a voluntary return can be huge in terms of how they perceive the situation and how they cope with it emotionally.
Consequences of non-compliance
One of the most delicate points is what happens when someone does not respect the deadline given. If we accept a voluntary returnbut we do not abandon United States the time set, the consequences are very serious:
- Automatically, it becomes a formal deportation order.
- The possibility of accessing certain immigration benefits in the future is lost.
- A reinstatement ban of up to 10 years.
- Non-compliance is recorded in the migration historyThis makes it difficult to take any further action.
This is why we insist that accepting a voluntary return requires us to be absolutely certain that we will be able to deliver on the output.
Should it be accepted?
The answer depends on the situation. In some cases, the voluntary return is the best alternative because it avoids harsher consequences and leaves the door open for a legal return in the future.
However, it may also mean the waiver of a stronger defense, such as an application for asylum, cancellation, deportation or adjustment of status.
Therefore, before accepting a voluntary returnit is vital to analyze:
- Are there other viable legal options in your case?
- Do you have immediate family members with legal status who could help you regularize your situation?
- Are you willing and able to leave the United States within the given time frame?
We know that facing migration decisions can be very hard, especially when it seems like it all comes down to one option.
Like immigrantsWe understand what it means to feel fear, pressure or uncertainty at times like this.
The most important thing is that you do not get carried away by haste or by the way these decisions are sometimes presented. The voluntary return may seem like the quickest way out, but it is not always the best or the only alternative.
For this reason, since Curiara we always recommend that you seek support from a legal counsel of trust.
A lawyer The specialized attorney will be able to review your case in depth, guide you on the options you really have and help you think about the impact that each decision will have on your future and that of your family.
Our wish is that, with the correct information and the appropriate accompanimentYou will have the peace of mind to choose the path that best aligns with your dreams and the life you want to build.