Request for Voluntary Departure Lawyer in Middlesex County, NJ
If you are facing removal proceedings in Middlesex County, a request for voluntary departure may allow you to leave the U.S. on your own terms, avoiding a formal deportation order. This process is governed by the Immigration and Nationality Act (INA). Law Offices Of SRIS, P.C.
Understanding Voluntary Departure in Immigration Court
Voluntary departure is a form of relief from removal that allows a noncitizen to leave the United States at their own expense within a set period, rather than being formally deported by Immigration and Customs Enforcement (ICE). Successfully obtaining voluntary departure can prevent the severe penalties associated with a deportation order, such as a multi-year bar on reentry. The authority for this relief is found in the Immigration and Nationality Act (INA), specifically under INA § 240B. The process is adjudicated before an Immigration Judge in the Executive Office for Immigration Review (EOIR).
Last verified: March 2026 | Superior Court of NJ, Middlesex Vicinage | New Jersey Legislature
Official Resources and Legal Citations
To understand the legal framework, refer to the official statutes and court resources:
- Immigration and Nationality Act (INA) § 240B – The federal statute governing voluntary departure.
- Executive Office for Immigration Review (EOIR) – The official website for the immigration court system.
Procedural Insights for Middlesex County Immigration Cases
In the immigration court system serving Middlesex County, voluntary departure is not automatically granted. Judges consider factors like your immigration history, criminal record, and evidence of good moral character. The application must be made before the conclusion of removal proceedings, and there are two types: pre-conclusion and post-conclusion voluntary departure, each with different deadlines and eligibility requirements. Missing the departure deadline converts the grant into a deportation order with a 10-year bar.
- Consult with an Immigration Attorney: Promptly seek counsel to evaluate your eligibility for voluntary departure versus other forms of relief.
- File the Application: Your attorney will file Form EOIR-42B, Application for Voluntary Departure, with the Immigration Court and serve a copy on the ICE Chief Counsel.
- Present Your Case at Hearing: You must demonstrate eligibility, including physical presence in the U.S. for a specific period, good moral character, and the financial means to depart.
- Comply with Departure Deadline: If granted, you must leave the U.S. by the specified date and provide proof of departure to the Department of Homeland Security.
Potential Consequences of a Removal Proceeding
In Middlesex County immigration matters, failing to obtain relief like voluntary departure can result in a final order of removal, carrying long-term bars to reentry and other immigration penalties.
| Outcome | Legal Classification | Reentry Bar | Other Consequences |
|---|---|---|---|
| Voluntary Departure (Granted & Complied) | Administrative Relief | None (if deadlines met) | Must pay own departure costs; may apply for visa abroad. |
| Voluntary Departure (Granted but Overstayed) | Converted to Removal Order | 10 Years | Subject to ICE detention and removal; fines possible. |
| Order of Removal (Deportation) | Final Order of Removal | 10 Years or More | Permanent record; difficult to overturn; may affect future visas. |
Results may vary. Prior results do not guarantee a similar outcome.
Why Choose Our Firm for Your Immigration Case
Law Offices Of SRIS, P.C. was founded in 1997 by former prosecutor Mr. Sris. Our firm brings a combined 120+ years of legal experience to every case. We understand the high stakes of immigration court and provide diligent representation focused on exploring all potential avenues for relief, including a request for voluntary departure. Our tagline, “Advocacy Without Borders,” reflects our commitment to clients in Middlesex County and beyond.
Our Approach to Immigration Defense
We analyze every client’s situation to determine the strongest defense strategy. While we strive for favorable outcomes like voluntary departure, each case is unique. We prepare thoroughly for hearings, ensure all applications and evidence are filed correctly and on time, and advocate strongly before the Immigration Judge.
Results may vary. Prior results do not guarantee a similar outcome.
Contact Our Middlesex County Immigration Lawyers
Our New Jersey location serves clients facing immigration proceedings in Middlesex County. We are accessible via the NJ Turnpike, Route 1, and Route 18, near landmarks like Rutgers University and the Middlesex County Courthouse.
Law Offices Of SRIS, P.C.
New Jersey Location — 44 Apple St, 1st Floor
Tinton Falls, NJ 07724
Toll-Free: (888) 437-7747 | Local: (732) 651-9900
By appointment only.
We serve communities throughout Middlesex County including New Brunswick, Edison, Woodbridge, Old Bridge, Piscataway, Perth Amboy, South Brunswick, East Brunswick, Metuchen, Sayreville, South Amboy, and Monroe Township.
24/7 phone consultations — (888) 437-7747 — meetings by appointment only. If you need a request for voluntary departure lawyer near me Middlesex County, contact us as early as possible to discuss your case.
Frequently Asked Questions: Voluntary Departure in NJ
What is the main benefit of voluntary departure?
Yes. The primary benefit is avoiding a formal deportation (removal) order on your record, which carries a mandatory 10-year bar to reentering the United States. If you comply with all terms, you leave without that bar.
How long do I have to leave if voluntary departure is granted?
It depends on the type granted. Pre-conclusion voluntary departure typically allows 60-120 days to depart. Post-conclusion voluntary departure, granted at the end of proceedings, usually allows only 30 days. The judge sets the exact deadline.
Can I apply for voluntary departure if I have a criminal record?
It depends on the specific crime. Certain criminal convictions, particularly aggravated felonies or crimes involving moral turpitude, will make you ineligible. An affordable request for voluntary departure lawyer Middlesex County can review your record to assess eligibility.
What happens if I don’t leave by the deadline?
If you overstay a voluntary departure grant, it automatically converts to a final order of removal. You will then be subject to a 10-year bar on reentry and may be fined up to $5,000. ICE can also detain and remove you.
Should I choose voluntary departure or fight my case?
This is a critical strategic decision. An experienced request for voluntary departure lawyer Middlesex County can evaluate whether you have stronger claims for asylum, cancellation of removal, or other relief. If those options are weak, voluntary departure may be the best path to minimize future immigration problems.
Internal Resources and Further Reading
For more information on related legal topics, please visit our pages on New Jersey Civil Litigation, Business Law in Middlesex County, and Federal Criminal Defense in Middlesex County.
Page last verified and updated: April 2026. Immigration laws and policies change frequently. The information on this page is for general understanding and does not constitute legal advice for your specific case. Contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current, case-specific guidance.
Your case in Middlesex County, New Jersey
Sexual-offense charges are heard in the Criminal Part of the Law Division. In Middlesex County that is the Superior Court of NJ, Middlesex Vicinage (6th Vicinage), 56 Paterson Street, New Brunswick, NJ 08903, telephone (732) 981-3000, open Mon-Fri 8:30AM-4:30PM. Court procedures change; confirm the current schedule on the official vicinage website or with the clerk before you file or appear.
The governing law for this topic is N.J.S.A. 2C:14-2 (aggravated sexual assault) within the New Jersey Code of Criminal Justice, N.J.S.A. Title 2C. Law Offices Of SRIS, P.C. handles Middlesex County matters from its New Jersey location at 44 Apple St 1st Floor, Tinton Falls, NJ 07724; meetings are by appointment. Request a New Jersey consultation at (888) 437-7747 or (609) 983-0003.
Related New Jersey pages: Middlesex County NJ lawyers directory · Request for Voluntary Departure Lawyer Essex County, NJ.