Self-deportation vs. voluntary departure: what you need to know before you decide
We understand that the emotional burden of the migration process can be overwhelming.. The uncertainty, the fear of a raid or deportation order, the anxiety of not seeing progress, and even the weariness of living in the shadows, may cause some people to consider simply leaving, returning to their country or starting over elsewhere.
When an immigrant in the United States is facing a deportation order or feels that he or she has no options, he or she may consider what has become popularized as "self-deportation". That is, to leave the country on one's own without waiting for a formal order to be executed or requesting immigration relief.
Although at first glance it may appear to be a quick or less painful way out, the self-deportation can have serious consequencesespecially if at some point you wish to return to the United States legally.
We understand. But if you're in that situation, we want to tell you something: Do not make this decision without being well informed.
First, what is self-deportation?
Self-deportation is an unofficial term that refers to when an individual leaves the U.S. on his own without a legal process to oversee their departure.
It can occur in situations such as:
Fear of being detained by ICE.
Rumors of raids or social pressure.
Lack of knowledge that other legal options exist.
Although it sounds similar to a "voluntary departure", is not the same nor does it have the same consequences.
But then, what is voluntary departure?
The voluntary departure is a formal immigration option granted by a judge or immigration authority. It allows a person to leave the country by his or her own means, but within a certain period of time. authorized legal framework.
To obtain it, you usually have to:
Request it during a proceeding before an immigration judge.
No serious criminal record.
Have the financial means to leave the country without government assistance.
Which one has more serious consequences?
No doubt about it, self-deportation has more serious consequences. When you leave the U.S. without complying with the proper immigration process, the system registers it as a unauthorized departure or evasion of the law. This may result in:
Automatic punishments as the ban on re-entry for 3, 5 or 10 yearsdepending on the length of time you were in the country without status.
Loss of eligibility for future visas or processes such as adjustment of status or immigration waivers.
Complications in applying for asylum, family reunification or permanent residency.
On the other hand, voluntary departureif performed correctly, does not leave a serious migratory stain and allows you to reapply for visas or other procedures in the future, as long as you meet the requirements of the new process.
Why might it be a mistake to self-deport?
Because many times people go without legal advice, believing that this "frees" them from a process; when in reality:
Dejan inconsistent records that close doors to them.
Lose the opportunity to appeal or invoke an immigration defense.
They renounce to programs that could benefit themsuch as voluntary departure, asylum or pardon.
Leaving the country at the wrong time, without planning and without legal backing, can forever close off the possibility of to return legally to the United States.
What to do if you are thinking of leaving the U.S.?
Before making such an important decision, seeks reliable legal advice. At USA File Solutionswe guide you with responsibility and empathy. We help you to:
Evaluate whether you qualify for voluntary departure.
Analyze if there are ways to stop your deportation or change your status.
Prepare the documentation correctly so as not to lose access to future immigration opportunities.
So, what to do?
Self-deportation may seem like a quick way out, but in reality it is a costly mistake. If you are considering leaving the country, make sure you do so within the proper legal framework so that your immigration future is not sealed with a "no return".
Voluntary departure, on the other hand, is a mechanism that, while it involves leaving the U.S., will allow you to leave the U.S. and to gives the possibility to return in a legal and safe way. when the conditions are right.
Let us help you make a better decision. If you find yourself in this situation or know someone who is thinking about leaving without counseling, share this article or contact us.
I AM NOT AN ATTORNEY LICENSED TO PRACTICE LAW IN THE STATE OF FLORIDA, AND I MAY NOT GIVE LEGAL ADVICE OR ACCEPT FEES FOR LEGAL ADVICE.
I AM NOT AN ATTORNEY LICENSED TO PRACTICE LAW IN THE STATE OF FLORIDA AND CANNOT GIVE LEGAL ADVICE OR ACCEPT FEES FOR LEGAL ADVICE.
Our firm is associated with attorneys licensed in the state of Florida who can provide independent legal services. The notary only performs notarial acts and does not provide legal advice.
