What is the Difference Between Deportation & Voluntary Deportation?

The government has a removal proceeding in the United States to remove a non-citizen, or alien, from the country. There are different forms of deportation; voluntary deportation is when an alien leaves the country of his or her own accord and at his or her own expense within a certain amount of time, while deportation is when the government orders removal of an alien from the United States after the removal proceedings and at the cost of the state.

Types of Voluntary Departure

Two types of voluntary departure exist, both permits the alien to leave the United States within a time period and at their own expense.

Pre-conclusion departure is a voluntary departure before the removal proceedings are final in court. A person that chooses this type of departure waives all possible forms of relief and promises to depart from the United States within 120 days.

Post-conclusion departure is a voluntary departure of a removable person after the removal proceedings are completed in a court of law. Persons that request a post-conclusion departure must pay a bond and they have only 60 days to leave the country. Other court proceedings for immigrants are to request asylum, cancel the removal, or adjustment of their status so they can remain in the United States. These proceedings, if won in court, would be the only way to allow an immigrant to stay in the country.

It is in the best interest for an immigrant to obtain an attorney that is experienced in immigration law. There are several choices that can be made that would allow the person to remain in the United States, such as obtaining an employment authorization card and working in the United States and reopening a case to be eligible for status adjustment through the courts.

If you are looking for trusted legal assistance in Oakland County, contact Hilf & Hilf today. From criminal defense assistance to violating probation or immigration issues, we can find a solution for you.

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