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Voluntary Depature

Strategic Voluntary Departure Defense in New York

Voluntary Departure Attorneys Ready to Help You Navigate the U.S. Immigration System

When facing immigration enforcement or an ongoing case in immigration court, an order of deportation can carry long-term legal consequences. Beyond forced removal from the United States, a formal deportation order typically triggers an automatic ten-year bar on re-entry, severely limiting future opportunities to return lawfully. For individuals who do not have a viable defense against removal, securing a grant of voluntary departure provides a legal alternative that minimizes long-term harm to your immigration record.

At Raiser, Kenniff & Lonstein, our legal team focuses on identifying practical, strategic solutions for clients navigating the federal immigration system. Choosing voluntary departure is a critical decision that requires balancing immediate goals with future immigration options. 

As trial attorneys and former prosecutors, we evaluate the facts of your case to determine if voluntary departure is the right path and present a well-documented request to the Immigration Judge.

Exploring your options in removal proceedings? Contact Raiser, Kenniff & Lonstein online or call us at (888) 646-0025 to schedule a free, confidential consultation.

What Is Voluntary Departure?

Voluntary departure allows a noncitizen to leave the United States at their own expense within a specified timeframe instead of being formally deported under an order of removal. 

While it still requires leaving the country, obtaining voluntary departure offers distinct advantages under federal immigration law:

  • No Formal Deportation Bar – You avoid the automatic 10-year statutory bar to re-entry associated with an order of removal.
  • Preservation of Visa Eligibility – You don’t face the legal bars that prevent deported individuals from applying for future U.S. visas or green cards.
  • Control Over Departure: You gain the flexibility to arrange your own travel, settle your personal and financial affairs, and return home on your own terms.

Why We're the Right Choice

Attentive Service. Strategic Defense.

Raiser, Kenniff & Lonstein is here to help you get the results you need with a team you can trust.

  • Personalized Legal Strategy
    We don’t believe in one-size-fits-all solutions. Every case is handled with a custom legal approach tailored to your goals, your circumstances, and your future.
  • Risk-Free Consultation

    We offer a risk-free evaluation of your case and are here to help you understand your legal options. We are available 24/7, day or night, to help you.

  • Top-Rated Team

    Nationally recognized for results. Our attorneys have been ranked among the best in the U.S., Trusted for their strategy, skill, and relentless client advocacy

  • Former Prosecutors
    Our founding partners are both former New York prosecutors who bring unique experience and insights to every case, especially when it comes to going to trial.
  • Client Champion 2026
  • 2025 Judicial Edition
  • MARTINDALE-HUBBELL® 2025 Client Champion Gold
  • AV Preeminent badge 2025
  • Martindale-Hubbell platinum
  • Best Lawyers US News & World Report 2020
  • AVOO Client's Choice
  • NATIONAL ACADEMY OF CONTINUING LEGAL EDUCATION

    Requesting Voluntary Departure: The Two Legal Tracks

    Federal regulations allow noncitizens to apply for voluntary departure at two distinct points during immigration proceedings. The eligibility standards and requirements vary significantly depending on when the request is submitted.

    Critical Responsibilities and Risks for Failing to Comply With Immigration Courts

    While voluntary departure offers significant benefits, failing to comply with the court's order carries severe statutory penalties. 

    If you fail to depart the United States within the exact timeframe granted by the immigration judge, you could be subject to:

    1. Automatic Order of Removal – The voluntary departure order automatically converts into a formal order of deportation.
    2. Monetary Fines – Civil financial penalties ranging between $1,000 and $5,000 can be assessed by federal authorities.
    3. 10-Year Bar on Relief – You become statutorily ineligible for ten years for most forms of discretionary relief, including cancellation of removal, adjustment of status, and change of nonimmigrant status.

    Our attorneys work directly with you to ensure all travel arrangements, passport documents, and court bond postings are completed within the required timelines to protect your future eligibility.

    Protect Your Future Immigration Options

    Deciding whether to request voluntary departure requires a clear understanding of your case, your criminal history, and your long-term family goals. Raiser, Kenniff & Lonstein provides honest, realistic guidance so you can make informed decisions about your immigration status.

    Make informed decisions about your immigration defense. Reach out to Raiser, Kenniff & Lonstein online or call (888) 646-0025 today to schedule your consultation.

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