Should You Consider Voluntary Departure in Uncertain Times?

 Posted on April 08, 2025 in Immigration

The immigration policies in the United States appear to be in an almost constant state of flux, with few people certain of what tomorrow will bring. One thing that non-citizen immigrants must now consider is whether they should wait to see whether ICE will raid their homes or place of work, shipping them to a holding facility, or whether the better choice might be voluntary departure.

Obviously, neither of these choices is a good one, and both can have significant consequences for the future. If you are unsure of what you need to do for yourself and your family, it can help to speak to an experienced Lombard, IL immigration attorney. It is important that you have a full understanding of all your options and that you know what to do if you are targeted for deportation.   

What You Should Know About Voluntary Departure

Voluntary departure allows a non-citizen to avoid being forcibly deported. You are able to leave the country on your own terms by a designated date set by the Department of Homeland Security (DHS) or an immigration judge. If you choose voluntary departure, you will leave the US at your own expense. The benefits of doing so include:

• You and your family members will not suffer the stigma of a formal removal order on your immigration record.
• In certain cases, voluntary departure can make it less difficult to legally re-enter the United States in the future, but this is not always the case.
• You will not face the uncertainty of when or if you will be deported, and you will not suffer the indignity of being arrested at your place of work or at a school event for your children.
• If you choose voluntary departure, you are usually given 60-120 days to make all necessary arrangements.

A voluntary departure request can be made to an immigration judge at any time during court proceedings or to ICE prior to any court proceedings. The immigration judge will consider whether you have been in the U.S. for at least one year, whether you have committed a deportable offense, whether you have shown good moral character for the past five years, when you intend to leave, and whether you have the financial means to leave the U.S.

Both ICE and an immigration judge may require you to pay a "voluntary departure bond," which is returned once you leave the United States. If you have an aggravated felony conviction, are considered a terrorist, or have been granted voluntary departure previously after being found inadmissible, you will not likely be granted voluntary departure.

What Deportation Could Look Like

If you are deported, you will be forcibly removed from wherever you are located, with no opportunity to pack a bag, say goodbye to family and friends, or make arrangements for life after deportation. Deportation usually comes with a re-entry ban for years or permanently.

Once you have a deportation on your record, you will have difficulty applying for a future visa. While the government pays for your exit from the United States, you no longer have the ability to leave on your own terms.

If you are targeted for deportation, you could immediately be sent to a holding facility or a jail in a neighboring state for up to 90 days. Actual removals are carried out by both air and ground transportation. Those who have committed nonviolent crimes may be subject to Rapid REPAT, which allows them to be released from jail to voluntarily return to their country of origin.

Waiting for deportation could, in some cases, mean being separated from family members. There is so much uncertainty and unknowns regarding deportation today that some individuals and families might choose voluntary departure.  

Contact a DuPage County, IL Immigration Lawyer

If you are agonizing over whether to wait for possible deportation or engage in voluntary departure, consider discussing your situation with a knowledgeable Naperville, IL immigration attorney from Mevorah & Giglio Law Offices. Attorney Mevorah has continuously served the needs of immigrants throughout Northern Illinois for more than 40 years. Call 630-932-9100 to schedule your free consultation.