Request for Voluntary Departure Lawyer in Ocean County, NJ
A request for voluntary departure is a critical alternative to formal removal, allowing you to leave the U.S. at your own expense by a set date. In Ocean County, NJ, handling this process before the Immigration Court requires precise legal strategy. Law Offices Of SRIS, P.C. provides focused representation for your request for voluntary departure lawyer Ocean County needs. Call (888) 437-7747 for a consultation.
Understanding Voluntary Departure Under Immigration Law
Voluntary departure is a form of discretionary relief granted by an immigration judge or, in some cases, by the Department of Homeland Security (DHS). It permits a noncitizen to leave the United States voluntarily within a specified period instead of being subject to a formal order of removal. Successfully obtaining voluntary departure can avoid the severe penalties associated with a removal order, such as a multi-year bar on reentry.
Last verified: March 2026 | Immigration Court | U.S. Citizenship and Immigration Services
The firm was founded in 1997 by former prosecutor Mr. Sris, whose deep understanding of government procedures informs our immigration defense strategies.
Official Immigration Resources
For the official regulations governing voluntary departure, refer to the Immigration and Nationality Act (INA) and the Executive Office for Immigration Review (EOIR) website for court procedures and forms.
The Ocean County Immigration Court Process for Voluntary Departure
Proceedings for a request for voluntary departure typically occur within the Immigration Court system. The process is highly procedural, and missing a deadline or failing to meet a requirement can result in a denial. An affordable request for voluntary departure lawyer Ocean County can manage these details. In the Newark Immigration Court, which has jurisdiction over Ocean County cases, judges closely scrutinize eligibility and the applicant’s ability to depart.
- Initial Hearing (Master Calendar Hearing): You appear before an Immigration Judge, plead to the charges, and may express your intent to seek voluntary departure.
- Eligibility Assessment: Your attorney must verify you meet all statutory requirements, including no convictions for aggravated felonies or terrorist activities, and demonstrate good moral character.
- Formal Application: File Form EOIR-42B, Application for Voluntary Departure, with supporting evidence, including a valid passport and proof of financial means to depart.
- Individual Hearing: Present your case for voluntary departure, arguing why it is in the best interest of justice and that you have the means and intent to leave by the set date.
- Post-Grant Compliance: If granted, you must depart the U.S. by the specified date and provide proof of departure to DHS to avoid the order converting to a removal order.
Consequences of a Voluntary Departure Request
In Ocean County, a grant of voluntary departure allows you to avoid the formal stigma and long-term bars of a removal order, but failure to depart triggers severe penalties.
| Scenario | Primary Consequence | Re-Entry Bar | Financial Penalty |
|---|---|---|---|
| Voluntary Departure Granted & Complied With | No removal order entered | Generally, no automatic bar (but standard admissibility rules apply) | Cost of own departure |
| Voluntary Departure Granted & NOT Complied With | Order converts to removal order | 10-year bar for failing to depart (INA § 240B(d)) | Civil penalty up to $5,000 |
| Voluntary Departure Denied | Proceed with removal defense or be ordered removed | Removal order triggers 5, 10, or 20-year bar | N/A |
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., founded in 1997, brings a foundational understanding of legal advocacy to contested immigration matters. Our tagline, “Advocacy Without Borders,” reflects our commitment to clients in Ocean County and beyond. While specific local case results for this niche area are not enumerated, our firm-wide approach is built on meticulous preparation and strategic understanding of immigration court procedures.
Seeking a Request for Voluntary Departure Lawyer Near Me Ocean County
If you are looking for a request for voluntary departure lawyer near me Ocean County, immediate action is important. The deadlines for requesting this relief are strict. Our New Jersey location serves clients throughout Ocean County. We are accessible via the Garden State Parkway and Routes 37, 9, 70, and 72, near the county seat of Toms River and communities like Lakewood, Brick Township, and Jackson Township.
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) 651-0900
By appointment only.
24/7 phone consultations — (888) 437-7747 — meetings by appointment only.
FAQs: Request for Voluntary Departure in New Jersey
What is the main benefit of voluntary departure?
Yes. The primary benefit is avoiding a formal order of removal on your record, which carries longer re-entry bars and greater stigma. It allows you to leave on your own terms and potentially apply for a future visa without the automatic bars triggered by removal.
Can I apply for voluntary departure if I have a criminal record?
It depends. Certain criminal convictions, especially aggravated felonies or crimes involving moral turpitude, make you statutorily ineligible. An attorney must review your specific record and the timing of the convictions to assess eligibility under INA § 240B.
How long do I have to leave if voluntary departure is granted?
Typically, 60 to 120 days. The judge sets the date at the hearing. For voluntary departure granted at the conclusion of proceedings, the maximum period is 60 days. You must provide proof of departure to DHS by this date.
What happens if I don’t leave by the required date?
No. Failure to depart converts the grant into a final order of removal. You will then be subject to a 10-year bar on reentry and may face a civil penalty of up to $5,000. Future immigration benefits become extremely difficult to obtain.
Is voluntary departure the same as withdrawing my application for admission?
No. Withdrawal of application is typically done at the port of entry before proceedings begin. Voluntary departure is a form of relief granted during removal proceedings after the government has initiated a case against you in Immigration Court.
Related Legal Services in Ocean County
If you are facing other immigration or legal challenges in Ocean County, our firm can assist. You may also need a business lawyer in Ocean County or a federal criminal defense lawyer in Ocean County. For a broader view of our immigration practice, visit our New Jersey immigration lawyer hub page. We also serve clients in neighboring areas like Atlantic County and Burlington County.
Last verified: March 2026. Laws and procedures change. Contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance regarding your request for voluntary departure lawyer Ocean County case.
Your case in Ocean County, New Jersey
Immigration matters are federal: removal cases for New Jersey residents are heard at the Newark Immigration Court and applications are decided by USCIS. County criminal charges that can affect immigration status are heard in the Criminal Part of the Law Division. In Ocean County that is the Superior Court of NJ, Ocean Vicinage (9th Vicinage), 120 Hooper Avenue, Toms River, NJ 08753, telephone (732) 504-0700, 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 the federal Immigration and Nationality Act. Law Offices Of SRIS, P.C. handles Ocean 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: Ocean County NJ lawyers directory · Request for Voluntary Departure Lawyer Bergen County, NJ · Request for Voluntary Departure Lawyer Hudson County, NJ · Request for Voluntary Departure Lawyer Monmouth County, NJ.