Voluntary Departure from the United States as an Immigration Benefit
Regarding this topic (Signing Voluntary Departure from the United States), people must be very clear that it is a desperate measure that some attorneys use to quickly end an immigration case. It is a procedure that does not benefit the person who is being deported. When an attorney convinces or causes their client to sign voluntary departure from the country, it is simply because they do not give much importance to the case or did not find a legal way to resolve or help the person in their deportation process.
It has been seen in many cases that attorneys tell their clients that signing voluntary departure from the country is the best option and that it grants them a personal benefit, that their immigration record will be eliminated, and they make them believe that by signing their voluntary departure from the country they will be able to return to the United States legally in the future.
In other words, voluntary departure from the country is a measure used to deceive people who are in a deportation process. They are told that by signing voluntary departure they will be able to return legally to the United States in the future, and the truth is that this never happens.
Our office at Progresso Legal Group P.C. normally does not advise accepting voluntary departure in any case unless there are some valid and convincing reasons for the client to do so.
Signing Voluntary Departure from the country offered by deportation officials:
There are many cases where people going through a deportation process are intimidated and in some way deceived by deportation officers. In many cases, without properly explaining the processes, they make them sign voluntary departure from the country and deport them, denying them the due process of appearing before an immigration judge. This often happens when the person does not know the process; they are frightened, intimidated, and as a final result they end up being deported.
It has been established that signing voluntary departure from the country is an agreement between the United States government and the undocumented immigrant. The foreign national signs their departure from the country and covers the expenses of returning to their country of origin. However, many times people could pursue another option that would allow them to remain in the country, but immigration officers frighten and intimidate them and lead them to believe that signing voluntary departure from the country is the best option for them. For this reason, that document should not be signed, and the person should insist on seeing an immigration judge. When a person signs voluntary departure from the country, they are signing their own deportation.
The person must insist on seeing an immigration judge.
When a person is detained by ICE and an immigration process begins, they must insist that their due process right to present their case before an immigration judge be respected and seek legal representation that can advise and guide them throughout the entire process. When a person has legal assistance, they will be given options that may allow them to remain in the country legally or under an immigration status such as asylum, cancellation of deportation, withholding of removal, NACARA, or the Cuban Adjustment Act.