Is there a difference between voluntary deportation and voluntary departure?
Deportation – Voluntary Departure A grant of voluntary departure allows a person to leave the United States freely within the period of time that the court determines. The person travels outside of the United States at his or her expense, but not in the custody of the Department of Homeland Security. More importantly, a grant of voluntary departure leaves the door open to the possibility that he or she may be able to return to the United States in the future legally. The presiding immigration judge has the discretion to grant or deny a request for voluntary departure. In the criminal conviction context, the likelihood that an immigration judge will approve a request for voluntary departure is dependent on the seriousness of the crime. Voluntary departure is often requested as an alternate form of relief in tandem with a request for cancellation of removal, asylum, or adjustment of status. In such a case, the court rules upon the voluntary departure request only if the court rejects the
