A foreigner, who has been denied the opportunity to enter the United States, can leave the country voluntarily through a voluntary departure petition or involuntarily through a deportation order. If you or someone you know has been detained and is facing a deportation order, this person needs immediate legal assistance.
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Voluntary Departure: Voluntary departure is the right of any individual who has been denied entry to the United States to leave the country without any repercussions or penalties. Leaving the country by using this mechanism will allow the foreigner to reapply for a new visa if necessary and eventually enter the country without any problems.
Voluntary departure can only be given to the foreigner who demands it and is willing to accept its terms and conditions. A foreigner, who has the opportunity to leave the country voluntarily and does not do it within the time given, will be ineligible to reapply for voluntary departure for a period of 10 years. This restriction also includes any other applications such as change of status and orders of deportations.
Deportation or Removal: A deportation order can be issued against foreigners who are denied entry to the United States as well as to individuals who reside in it illegally. This order can also be issued against legal residents and holders of any type of visa who are involved in criminal activities or violate the conditions and restrictions of their visa or residency. Despite the seriousness of this order, the individual who receives a deportation order can request a cancellation of this action. Consult an experienced immigration attorney to see if you qualify.
If the Attorney General determines that the life and rights of an individual may be in danger in his/her native country due to his or her convictions, religion, political affiliations or opinion, the individual may not be deported. For more information, please read our
political asylum section.