Navigating U.S. immigration procedures can feel overwhelming.
If you’re facing removal from the United States, it’s important to understand the distinctions between deportation (removal), voluntary departure and self-deportation—three very different legal concepts that can profoundly affect someone’s ability to remain in or return to the U.S.
In this article, we’ll break down the difference.
What Is Deportation (Removal)?
“Deportation” is the term that most people use to describe removal proceedings. Under United States immigration law, deportation is the formal legal process that happens when the government orders a non-citizen to leave the country.
Deportation typically follows a hearing before an immigration judge. It occurs when the immigration judge finds that a non-citizen is not lawfully present here.
A removal order can have very serious consequences, including:
- It becomes part of a person’s immigration record.
- It usually triggers a bar to reentry into the U.S., meaning that you can’t come back for a long period (often up to 10 years).
- It can affect eligibility for visas and other immigration benefits, making it very difficult to get another visa.
It’s best to avoid deportation if you can. Sometimes, certain circumstances can help you stop deportation. In these circumstances, you may be eligible for cancellation of removal, asylum or other relief.
What Is Voluntary Departure?
Voluntary departure is a legal option available in some removal proceedings. It’s a formal legal process that allows you to leave the United States at your own expense within a specific amount of time.
Here’s what to know about voluntary departure:
- A person must apply for voluntary departure. It’s not automatic.
- If voluntary departure is granted, you must leave by a set deadline—often within 60 to 120 days.
- Leaving this way means you’ll avoid a formal removal order on your record. This can make it easier to seek lawful reentry in the future.
- You’ll need to leave at your own expense, so you’ll have to have enough money set aside to buy your own plane ticket.
While it may seem like a good deal, voluntary departure is not without risks. If you fail to leave by the deadline, the departure order typically converts into a removal order. If that happens, you may face fines and future bars to immigration relief.
What Are Self-Deportations (Informal Departures)?
While voluntary departure is a formal legal process, “self-deportation” (often called self-removal) is not. Self-deportation happens when a person leaves the United States on their own initiative without involving immigration authorities or requesting voluntary departure. Basically, they just go.
According to U.S. Immigration and Customs Enforcement (ICE), a person who is unlawfully present in the U.S. may choose to leave the country independently rather than wait to be located, detained or formally removed by the government.
Here are some things you should know about self-deportation:
- There’s no legal process. There is no hearing, application or judge’s order.
- Because there’s no court order involved, a self-departure could still result in a removal order being entered in absentia (while you’re absent). This can happen if you don’t appear in court or properly address pending cases.
- Leaving informally can still lead to reentry bars. The bar would be based on unlawful presence, depending on how long you’ve been in the U.S. without status.
While self-departure may seem like a good way to avoid an ICE arrest and immigration detention, it also comes with significant legal risks.
Need Help With Your Immigration Case? Contact Mark E. Jacobs.
If you or someone you love is at risk of deportation, or if you are considering self-deporting, the decisions you make could have a lifelong impact. Get legal advice as soon as possible by talking directly and confidentially with an immigration lawyer. Call attorney Mark E. Jacobs in Dallas, Texas, at 972-445-7577 or send him a message.
