Voluntary Departure vs. Removal: Alternatives for Arab Immigrants in Glendale
Understanding your options when facing deportation proceedings and how voluntary departure compares to other forms of relief
Quick Answer
Glendale, home to one of the largest Armenian and Arab communities in Southern California, has a vibrant immigrant population with deep cultural roots. When families face removal proceedings, the decisions they make carry permanent consequences for their immigration future. Voluntary departure is one option that preserves certain rights, but it is not the only path available. SoCal Immigration Services provides Arabic-speaking guidance to help Glendale families understand every option before making a decision that will affect their lives for years to come.
Reviewed for accuracy by
Maria Santos
DOJ Accredited Representative • 15+ years experience
Glendale, home to one of the largest Armenian and Arab communities in Southern California, has a vibrant immigrant population with deep cultural roots. When families face removal proceedings, the decisions they make carry permanent consequences for their immigration future. Voluntary departure is one option that preserves certain rights, but it is not the only path available. SoCal Immigration Services provides Arabic-speaking guidance to help Glendale families understand every option before making a decision that will affect their lives for years to come.
What is Voluntary Departure?
Under INA Section 240B, an immigration judge can grant voluntary departure either before or after removal proceedings conclude. The key advantage is that individuals who depart voluntarily avoid the 5-year, 10-year, or permanent bars to reentry that come with a formal removal order. For Arab families in Glendale who may wish to return to the United States legally in the future, this distinction is critical.
Voluntary departure is not an admission of guilt or wrongdoing. It is a strategic legal decision that preserves future immigration options. USCIS data shows that approximately 30,000 individuals receive voluntary departure grants annually, and those who comply with the terms maintain cleaner immigration records than those who receive removal orders.
Voluntary Departure vs. Deportation: Key Differences
| Factor | Voluntary Departure | Formal Removal Order |
|---|---|---|
| Legal Record | No removal order on record | Permanent removal order on file |
| Reentry Bars | No automatic bars to reentry | 5-year, 10-year, or permanent bar |
| Travel Costs | You pay your own travel | Government arranges deportation |
| Departure Timeline | 60-120 days to leave | Immediate or short timeframe |
| Future Applications | Can apply for visa or green card | Must obtain special permission to return |
| Bond Requirement | May need $500+ departure bond | No bond required |
| Penalty for Non-Compliance | $1,000-$5,000 fine plus 10-year bar | Arrest and forced removal |
| Criminal Record Impact | No additional immigration violation | May trigger unlawful presence bars |
Eligibility Requirements for Voluntary Departure
- •Physical presence in the United States for at least one year before the Notice to Appear (NTA) was served (post-hearing only)
- •Good moral character for at least 5 years prior to the application (post-hearing only)
- •No conviction for an aggravated felony
- •Ability to pay for your own travel and departure costs
- •Valid travel documents (passport) from your home country
- •Willingness to post a voluntary departure bond (typically $500 or more, set by the immigration judge)
- •Agreement to waive all appeals and other forms of relief (post-hearing only)
- •No prior grants of voluntary departure within the past 5 years
Timeline and Deadlines for Voluntary Departure
- 1Request Voluntary Departure in Court
Your attorney or accredited representative requests voluntary departure from the immigration judge, either at the beginning of proceedings or after a merits hearing
- 2Judge Grants Departure Period
If granted pre-hearing, you receive up to 120 days to depart. If granted post-hearing, you receive up to 60 days. The judge sets the exact date
- 3Post Voluntary Departure Bond
The judge may require a bond of $500 or more to ensure compliance. This bond is returned after you prove departure
- 4Arrange Travel Documents and Tickets
Obtain a valid passport from your country's consulate and purchase airline tickets. Budget $500-$2,000 for travel depending on destination
- 5Depart the United States Before Deadline
You must physically leave the U.S. before your deadline. Keep all boarding passes, departure stamps, and travel receipts as proof
- 6Confirm Departure with Immigration Court
After departing, submit proof of departure to recover your bond and ensure your record reflects voluntary departure, not removal
Alternatives to Voluntary Departure
- •Cancellation of Removal: Available to non-LPRs with 10+ years of continuous presence, good moral character, and a qualifying U.S. citizen or LPR relative who would suffer exceptional hardship. If granted, you receive a green card
- •Asylum or Withholding of Removal: If you face persecution in your home country based on race, religion, nationality, political opinion, or membership in a particular social group. Arab immigrants from conflict zones such as Syria, Iraq, Yemen, and Sudan may qualify
- •Convention Against Torture (CAT) Protection: If you would more likely than not face torture by or with the consent of government officials in your home country
- •Adjustment of Status: If you have an approved family or employment petition and are eligible to adjust to permanent resident status in the U.S.
- •Prosecutorial Discretion: ICE may agree to close or terminate your case if you have strong equities such as long residence, U.S. citizen family members, no criminal record, and community ties
- •U Visa or VAWA Protection: If you are a victim of a qualifying crime or domestic violence, you may be eligible for a U visa or VAWA self-petition regardless of your immigration status
- •Temporary Protected Status (TPS): Nationals of certain designated countries may qualify for TPS, which provides work authorization and protection from removal
How SoCal Immigration Services Helps Glendale Families
- •Complete case evaluation to determine all available forms of relief before considering voluntary departure
- •Screening for asylum, cancellation of removal, TPS, U visa, and other protections that may allow you to stay
- •Assistance preparing Form EOIR-42B for cancellation of removal or Form I-589 for asylum applications
- •Guidance on voluntary departure procedures, bond requirements, and travel arrangements when voluntary departure is the best option
- •Arabic and English document preparation and translation services
- •Coordination with qualified immigration attorneys for court representation in Los Angeles Immigration Court
- •Post-departure guidance on future visa applications and legal reentry options
- •Free initial consultations to discuss your case in Arabic at (714) 421-8872
FAQFrequently Asked Questions
Q:Can I change my mind after accepting voluntary departure?
A: In limited circumstances, you may be able to file a motion to reopen your case before the voluntary departure deadline expires. However, once you depart the United States, you generally cannot reopen your case from abroad. It is critical to explore all options before accepting voluntary departure.
Q:What happens if I miss my voluntary departure deadline?
A: If you fail to depart by the deadline, your voluntary departure automatically converts into a formal removal order. You also face a civil penalty of $1,000 to $5,000 and become ineligible for cancellation of removal, voluntary departure, adjustment of status, and change of status for 10 years. This is one of the most severe consequences in immigration law.
Q:Does voluntary departure affect my ability to get a green card in the future?
A: Voluntary departure itself does not create bars to future immigration benefits. However, if you accumulated unlawful presence before departing, the 3-year bar (for 180 days to 1 year of unlawful presence) or 10-year bar (for more than 1 year) may still apply when you try to return. An I-601A provisional waiver may be available in some cases.
Q:Can I apply for voluntary departure if I have a criminal record?
A: You cannot receive voluntary departure if you have been convicted of an aggravated felony. Other criminal convictions may affect the good moral character requirement for post-hearing voluntary departure. Each case is different, so consult with our team to evaluate your specific situation.
Q:Is voluntary departure better than fighting my case in immigration court?
A: Not necessarily. Voluntary departure is a strategic option, but it means leaving the United States. If you qualify for cancellation of removal, asylum, or another form of relief, fighting your case could result in a green card or legal status. We always recommend a full case evaluation before deciding.
Facing Removal Proceedings? Know All Your Options
Do not accept voluntary departure without understanding every alternative. Call our Arabic-speaking team for a free case evaluation. We serve Glendale and all of Southern California.
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