An Order of Voluntary Departure allows a foreign national to depart from a country voluntarily within a specified period instead of being forcibly removed. This order is typically issued by an immigration judge or agreed upon with immigration authorities.

Voluntary Departure offers a less severe alternative to forced removal, allowing the individual to leave the country on their terms, which can have more favorable consequences for future reentry and immigration applications.

Conditions for Order of Voluntary Departure:

1. Eligibility: The individual must demonstrate good moral character and the financial means to depart the country. They must also waive any appeal rights in exchange for voluntary departure.
2. Bond Payment: In some cases, the individual may be required to post a bond to ensure their departure.
3. Departure Deadline: The individual must leave the country within the specified period, typically 60 to 120 days, as determined by the immigration judge or authorities.

Advantages of Voluntary Departure:

1. Avoids Deportation Record: Voluntary departure helps avoid the stigma and legal consequences associated with a formal deportation record.
2. Shorter Reentry Bar: The reentry bar for those who voluntarily depart is often shorter than for those who are forcibly removed. In the U.S., this can be as short as one year.
3. Future Immigration Benefits: Voluntary departure can positively impact future immigration applications, as it demonstrates compliance with immigration laws.

Process of Obtaining Voluntary Departure:

1. Request: The individual or their attorney must request voluntary departure during removal proceedings.
2. Judge’s Decision: The immigration judge assesses eligibility and the individual’s ability to depart voluntarily. If approved, the judge issues the order with specific conditions and deadlines.
3. Compliance: The individual must comply with all terms of the voluntary departure order, including posting any required bond and departing within the designated timeframe.

Consequences of Failing to Depart:

1. Conversion to Removal Order: If the individual fails to depart within the specified period, the voluntary departure order automatically converts to a formal Order of Removal.
2. Bond Forfeiture: Any bond posted as a condition of voluntary departure is forfeited.
3. Increased Penalties: The individual becomes subject to the harsher consequences of forced removal, including longer reentry bars and potential ineligibility for future immigration benefits.

Legal Rights and Obligations:

1. Right to Legal Representation: Individuals have the right to legal representation throughout the voluntary departure process.
2. Waiver of Appeals: As part of the voluntary departure agreement, individuals typically waive their right to appeal the decision, making it crucial to understand the implications fully.
3. Obligation to Comply: Individuals must adhere strictly to all conditions of the voluntary departure order to avoid the severe consequences of non-compliance.

Challenges and Considerations:

1. Financial Ability: The individual must demonstrate the financial ability to leave the country, including the cost of travel and any bond requirements.
2. Travel Arrangements: Arranging travel within the specified period can be challenging, especially under tight deadlines.
3. Legal Advice: Consulting with an immigration attorney is essential to navigate the process and understand the potential impact on future immigration status.

Enforcement and Monitoring:

1. Regular Check-ins: Immigration authorities may require regular check-ins to monitor compliance with the voluntary departure order.
2. Verification of Departure: The individual must provide proof of departure, such as travel documents and boarding passes, to immigration authorities.
3. Post-Departure Monitoring: Authorities may conduct post-departure checks to ensure the individual has not returned unlawfully.

Etymology:

The term “order” comes from the Latin “ordinare,” meaning “to arrange.” “Voluntary” is derived from the Latin “voluntarius,” meaning “of one’s free will.” “Departure” comes from the Old French “departir,” meaning “to divide” or “to leave.”