Foreign nationals who are being held at detention centers in Indiana or any other state may request a voluntary departure. However, they may only ask for a voluntary departure if they have been in the country for at least a year. Furthermore, a request cannot be granted until after a hearing is held, and it can take up to 60 days for a person to be seen by an immigration judge.
An immigrant who has been charged with a serious crime may be detained until their case has been resolved. Those who are allowed to leave the country on their own will have 120 days to do so. One of the benefits of leaving the United States voluntarily is that it may improve a person’s chances of gaining reentry at a later date. It is worth noting that those who don’t leave within 120 days may be ordered removed from the country.
However, for those who are seeking asylum, asking to go back home can undermine their cases. This is because asking to go home implies that an applicant isn’t afraid of what may happen back in his or her country of origin. Often, a judge will have an immigrant’s application withdrawn with prejudice, and this means that an individual most likely won’t be apply for asylum again in the future.
Those who are seeking asylum or some other form of legal status in the United States may employ a variety of strategies to achieve their goals. An immigration law attorney may be able to explain how a voluntary departure could impact their ability to eventually enter the United States legally. An attorney may also help those who have been selected for removal to remain in the country if they wish to contest the deportation order.