Voluntary Departure vs. Removal Proceedings: What Green Card Holders Need to Know

Understanding voluntary departure and removal proceedings is crucial for green card holders facing legal challenges in the United States. These processes significantly affect your residency status and require a clear understanding to protect your rights. Knowing the differences between them helps you make informed decisions during legal proceedings. This blog will explore voluntary departure and removal proceedings and their impact on your green card status. It will also explain the steps you can take to protect yourself.

What Is Voluntary Departure in Voluntary Departure vs Removal Proceedings?

Voluntary departure is an option for green card holders or other noncitizens facing removal from the United States. It allows individuals to leave the country voluntarily rather than being formally removed by immigration authorities. Voluntary departure is typically offered to individuals willing to leave the US on their own accord and meet certain conditions.

• Purpose: Voluntary departure allows individuals to leave the United States without a formal removal order on their record. This can make it easier to return if they can obtain a visa or qualify for another immigration benefit.
• Eligibility: To qualify for voluntary departure, you must meet specific requirements, including not having an aggravated felony conviction. You must also demonstrate the financial ability to leave the country at your own expense.
• Benefits: By leaving voluntarily, you avoid the stigma and legal consequences of a formal removal order. This can simplify future immigration applications.

What Are Removal Proceedings? 

Removal proceedings are the legal process by which the US government seeks to remove a noncitizen from the country formally. These proceedings take place in immigration court and include a hearing before an immigration judge. The judge determines if the individual should be removed or allowed to remain in the United States.

• Purpose: The purpose of removal proceedings is to determine if an individual has violated US immigration laws. They also decide if the person should be removed from the country.
• Process: Removal proceedings begin with a Notice to Appear (NTA), which outlines the charges against the individual. It also provides information about the hearing date and location. During the proceedings, the individual can present evidence, testify, and argue their case before the judge.
• Consequences: If the judge orders removal, the individual will be formally removed from the United States. This removal order will appear on their immigration record. It can make returning to the United States more difficult. It may also result in bars to reentry for several years.

Key Differences Between Voluntary Departure and Removal Proceedings

Deciding Between Voluntary Departure vs Removal Proceedings for Green Card Holders

The choice between voluntary departure and facing removal proceedings depends on your circumstances and the strength of your case. Here are some factors to consider when deciding how to proceed:

• Strength of Your Defense: If you have a strong case for keeping your green card, consider fighting the removal proceedings. Present your evidence in court to support your case. However, voluntary departure may be a better option if your case is weak.
• Future Immigration Plans: Voluntary departure may let you return to the United States sooner if you obtain a visa in the future. A formal removal order, however, can bar reentry for 5, 10, or even 20 years.
• Legal Representation: Consult an experienced immigration attorney to evaluate your options and determine the best course of action. The attorney can explain the risks and benefits of each option and represent you in immigration court if needed.

Example Scenario: David’s Decision to Take Voluntary Departure

Consider the example of David, a green card holder from Nigeria facing voluntary departure vs removal proceedings after an extended absence from the United States. David had been living in Nigeria for over a year due to family obligations, and upon his return, immigration authorities questioned whether he had abandoned his US residency.

David received a Notice to Appear (NTA) and was scheduled for removal proceedings. After consulting with an immigration attorney, David learned that his case for retaining his green card was weak due to his prolonged absence and lack of strong ties to the United States. Rather than risk a formal removal order and a lengthy bar to reentry, David chose to take voluntary departure. By doing so, David avoided a formal removal order and maintained the possibility of applying for a visa to return to the United States.

How to Request Voluntary Departure In ImmigrationCourt Hearing

If you decide that voluntary departure is the best option for you, here are the steps you need to follow:

1. Request Voluntary Departure Early: You can request voluntary departure at any point during the removal proceedings, but it is generally better to request it early in the process.
2. Meet Eligibility Requirements: To qualify for voluntary departure, you must meet certain eligibility requirements, including having no aggravated felony convictions and having the means to leave the United States at your own expense.
3. Attend Court Hearings: You will need to attend your immigration court hearings and formally request voluntary departure from the immigration judge. The judge will decide whether to grant your request based on your eligibility and the specifics of your case.

Safeguard Your Green Card and Make Informed Choices

Understanding the difference between voluntary departure vs removal proceedings is crucial for green card holders facing legal challenges in the United States. Voluntary departure can provide a less severe alternative to formal removal, allowing you to leave the country without the long-term consequences of a removal order. However, the decision to take voluntary departure or fight the removal proceedings depends on your circumstances, your case’s strength, and future immigration plans. If you are facing removal, consult with an experienced immigration attorney to understand your options and make the best decision for your situation.

Are you facing removal proceedings or considering voluntary departure? Contact Law Offices of Osas Iyamu, LLC for Immigration legal guidance on protecting your residency and making informed decisions during this challenging time!