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What is Voluntary Departure and How Can I Qualify?

Are you currently going through immigration proceedings? Have you already received a notice to appear? The Sugar Land immigration lawyers at Esani & Momin can help you get to figure out the best options for you and your family in this instance. If you are an immigrant who is facing deportation, the first thing you should do is get help from reliable Sugar Land TX immigration attorneys

Sugar Land TX immigration lawyers may suggest a voluntary departure. Voluntary departures are not suitable options for everyone. To see if you qualify, contact a local legal representative for assistance. If you are in need of immigration attorneys in Sugar Land Texas, contact the staff at Esani & Momin to schedule a consultation today. 

voluntary departureWhat is Voluntary Departure?

Voluntary departure allows an individual or respondent to leave the country by choice instead of by force via immigration attorneys. The voluntary departure comes with stipulations, such as you must leave within a certain amount of time, as well as other requirements. 

Voluntary departure is typically not used unless all other options have failed or there are simply no other viable options left for that individual. After exhausting all options and even with the help of experienced Sugar Land Immigration attorneys, an individual may still be considered a candidate for deportation after being inducted into U.S immigration deportation proceedings. In this case, your lawyer may suggest voluntary departure. 

In addition to deportation, a judge will also place a 10-year ban on the respondent. This means the person in question will not be allowed to return to the U.S for an entire decade. A voluntary departure alleviates the 10-year ban on that individual. 

If you were to receive a 10-year ban and still entered the U.S before the ban was lifted, you risk a lifetime ban in the entire country. The voluntary departure is ideal for this reason. However, not everyone is eligible for a voluntary departure. 

Who is Eligible for Voluntary Departure?

Voluntary departure is completely left in the hands of the judge. Whether an individual receives voluntary departure is under the total discretion of the presiding judge. In addition, you must meet certain requirements. However, a judge can still deny your request for voluntary departure based on their own reasons. Judges do use certain aspects of an individual’s life to make a decision. A judge will most likely consider criminal cases and convictions, as well as the moral character of that individual. Certain criminal convictions can make you ineligible for entry or re-entry into the country, in which a judge will have no choice but to deny you. However, if you are not facing any serious felony charges, you could be a candidate for voluntary departure. The key to becoming eligible for this status is obtaining reliable Sugar Land immigration lawyers for legal guidance and assistance.

Other Requirements 

There are two sets of requirements you can meet to qualify for a voluntary departure. The first set of requirements happens before the end of the hearing. The other set of requirements happens after the hearing has been concluded. 

In order to qualify for the first set of requirements, it must be before the hearing has been concluded. You will need to waive your request for any other form of relief in the matter. You will also need to waive appeals and surrender to the removal. In order to qualify, you will also need to prove you have the financial ability to leave on your own, in addition to not being considered a security risk. 

To qualify for the other set of requirements, you will have to meet a new set of expectations. You will need to be able to prove that you are of good moral character for 5 years before a notice to appear has been filed. A valid passport and other travel documentation will be needed as well. Although more requirements need to be met in order to qualify for voluntary departure, these requirements will be the hardest to prove. 

If you are in need of reputable and experienced immigration attorneys Sugar Land TX and contact Esani & Momin. 

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