Deportation vs. voluntary departure definition
Deportation is when the government orders someone to leave for breaking immigration laws, while voluntary departure means leaving by choice before or during the process.
Deportation is an informal term for what the US government calls a removal. A removal is a formal process where the government forces a non-US citizen to leave the country because they have violated immigration laws. Deportation results in an official removal order, is recorded in immigration databases, and usually carries a reentry bar of several years or more.
Voluntary departure is when a non-US citizen agrees to leave the United States at their own expense, within a set time frame, before or during removal proceedings. Voluntary departure is granted by an immigration judge or the Department of Homeland Security (DHS) under certain conditions.
What is the advantage of voluntary departure rather than being officially removed?
The main advantages of voluntary departure over deportation include:
- No formal removal order on record
- Reduced or eliminated re-entry bars
- Potential eligibility to apply for future visas or other immigration benefits
- Avoidance of detention by immigration authorities
- Control over travel arrangements
Can you come back to the US after voluntary departure?
In many cases, you can come back to the US after voluntary departure.
However, you must:
- Leave within the time allowed by the voluntary departure order
- Meet visa eligibility requirements for reentry
- Not have violated immigration law in any other way
