Comparing Voluntary Departure or a Removal Hearing in Oklahoma Immigration

In U.S. immigration law, voluntary departure is a form of relief that a noncitizen can request during a removal (deportation) hearing before an Immigration Judge. Sometimes migrants will have the opportunity to choose between one and the other. What you decide triggers different consequences that have a lasting impact on your decisions.

Defining a Voluntary Departure

Voluntary departure allows a noncitizen to leave the United States at their own expense within a set period of time, rather than being formally ordered removed. It is essentially a way to depart without having a removal order on record.

Key Points To Consider

• Eligibility: Not everyone qualifies. The person must usually show good moral character, no serious criminal convictions, and the ability to pay their own travel costs.
• Timing: It may be granted before proceedings conclude (by ICE or the judge) or at the end of proceedings (as an alternative to removal).
• Deadline: The judge will set a deadline—commonly up to 120 days—to depart.
• Consequences if Violated: If the person fails to leave in time, the voluntary departure order automatically converts into a removal order, and additional penalties (like fines and bars to certain immigration benefits) apply.

Benefits Over Removal

• No removal order on the record, which may reduce future immigration penalties.
• Potentially less stigma and fewer barriers to reentry, depending on the circumstances.

Practical Example

If someone is facing removal but they do not have strong grounds to stay in the U.S. legally, they may ask the judge for voluntary departure. This lets them leave on their own and possibly have an easier path to return in the future compared to a formal deportation.

Voluntary Departure

• Record: No formal removal order entered. Instead, the record shows the person left voluntarily under a judge’s order.
• Bars to Reentry: Does not trigger the 5-, 10-, or 20-year reentry bars that a removal order does (although unlawful presence rules may still apply if the person had been in the U.S. unlawfully).
• Future Visas: Generally looks better to U.S. consular officers, since it suggests compliance with immigration law. It may improve chances of getting a visitor visa or immigrant visa later.
• Penalties if Violated: If the person does not depart by the deadline, the voluntary departure converts to a removal order, plus fines and up to a 10-year bar on relief.

Removal Order

• Record: A formal deportation order entered by the Immigration Judge.
• Bars to Reentry:
  • First removal = 10-year bar on returning legally.
  • Second removal = 20-year bar.
  • Removal after an aggravated felony = permanent bar (with very limited exceptions).
• Future Visas: Consular officers will see the removal order in the immigration record. It makes visa approval much more difficult unless the person gets special waivers.
• Reentry Without Waiver: Attempting to return without permission can result in permanent inadmissibility and criminal penalties.

Tulsa Immigration Attorneys Near You

Facing a removal hearing and dealing with the decisions and consequences of voluntary departure can be daunting. It takes an evaluation of all the facts of your case and the help of an Oklahoma immigration attorney. For a free consultation with a Tulsa immigration attorney, call Kania Law Office at 918.743.223. Or you can get a free online consultation by following this link.