Request for Voluntary Departure Lawyer in Bergen County, NJ
A request for voluntary departure is a formal application to an immigration judge to leave the United States voluntarily instead of facing a formal removal order. In Bergen County, this process is governed by federal immigration law, specifically the Immigration and Nationality Act (INA). Successfully handling this request requires precise legal strategy to protect your future eligibility to return.
Understanding a Request for Voluntary Departure
Voluntary departure is a discretionary form of relief granted by an immigration judge or the Department of Homeland Security (DHS). It allows a noncitizen to leave the U.S. at their own expense within a set period, avoiding the formal consequences of a removal order, such as bars on future reentry. The statutory framework is found in the Immigration and Nationality Act (INA), specifically INA § 240B. There are two types: pre-conclusion voluntary departure (granted before the conclusion of removal proceedings) and post-conclusion voluntary departure (granted at the end of proceedings).
Last verified: March 2026 | Immigration Court | U.S. Citizenship and Immigration Services
Founded in 1997 by former prosecutor Mr. Sris, our firm brings decades of combined experience to contested immigration cases. We understand that a request for voluntary departure is often a strategic choice made under significant pressure, and our goal is to secure a favorable outcome while preserving your long-term options.
Official Immigration Resources
For authoritative information on immigration procedures and statutes, refer to these official government resources:
- Immigration and Nationality Act (INA) (U.S. Citizenship and Immigration Services)
- Executive Office for Immigration Review (EOIR) (U.S. Department of Justice)
handling the Voluntary Departure Process in Bergen County
While immigration law is federal, local practice at the Newark Immigration Court, which has jurisdiction over Bergen County cases, can influence procedural strategies. Timelines are critical; missing a voluntary departure deadline automatically converts the grant into a removal order with severe penalties. An experienced request for voluntary departure lawyer Bergen County can assess your eligibility, which includes factors like good moral character, no convictions for aggravated felonies, and the ability to post a bond.
- Consult an Immigration Attorney Immediately: Before your master calendar hearing, discuss all relief options, including voluntary departure, with a qualified lawyer.
- Formal Application: Your attorney will file the necessary forms (EOIR-33) and supporting documents with the immigration court, arguing why you merit this discretionary relief.
- Bond Hearing: Request a bond hearing to secure release from detention while your case is pending, if applicable.
- Court Appearance: Present your case for voluntary departure before the immigration judge, demonstrating eligibility and good moral character.
- Comply with Departure Deadline: If granted, you must depart the U.S. by the specified date and provide proof of departure to ICE.
- Plan for the Future: Work with your attorney to understand the reentry bars and plan for any potential future immigration applications.
Consequences of a Removal Order vs. Voluntary Departure
In Bergen County immigration matters, choosing between fighting removal and accepting voluntary departure has major long-term consequences. The right choice depends entirely on your unique circumstances.
| Outcome | Re-Entry Bar | Legal Record | Financial Cost |
|---|---|---|---|
| Voluntary Departure (Pre-conclusion) | Generally, no bar for many visas* | No formal removal order | Cost of travel + possible bond |
| Voluntary Departure (Post-conclusion) | 10-year bar on seeking admission | No formal removal order | Cost of travel + required bond |
| Formal Removal (Deportation) Order | 10-year or permanent bar | Permanent record of removal | Possible detention costs |
Results may vary. Prior results do not guarantee a similar outcome.
*Eligibility for future visas is not guaranteed and is subject to all other immigration laws.
Why Choose Our Firm for Your Immigration Case
Law Offices Of SRIS, P.C., founded in 1997, operates on the principle of “Advocacy Without Borders.” With over 120 years of combined legal experience, our attorneys are dedicated to providing assertive representation in immigration court. We focus on the strategic details that can make the difference between a grant of voluntary departure and a removal order.
Our Approach to Immigration Defense
We approach each request for voluntary departure as a critical decision point. Our team analyzes your entire immigration history, family ties, and potential for other forms of relief. We prepare meticulously for court, ensuring all documentation supports your request and that you are prepared for testimony. While we have a history of achieving favorable outcomes for our clients, we provide honest assessments of the challenges and probabilities in every case.
Results may vary. Prior results do not guarantee a similar outcome.
Contact Our Bergen County Immigration Lawyers
Our New Jersey location serves clients throughout Bergen County. We are accessible via I-80, the NJ Turnpike, Route 17, and the George Washington Bridge, near landmarks like the Bergen County Courthouse in Hackensack and Garden State Plaza.
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.
We serve communities including Hackensack, Fort Lee, Teaneck, Paramus, Englewood, Ridgewood, Fair Lawn, Bergenfield, Garfield, Mahwah, Ramsey, and Lyndhurst. For an affordable request for voluntary departure lawyer Bergen County residents can trust, contact us for a 24/7 phone consultation.
Frequently Asked Questions: Request for Voluntary Departure
What is the main benefit of voluntary departure?
Yes. The primary benefit is avoiding a formal removal (deportation) order on your immigration record. A removal order carries a multi-year or even permanent bar on returning to the U.S., while voluntary departure may allow for a smoother potential return in the future, depending on the type granted.
Can I apply for voluntary departure if I’m detained?
Yes. You can request voluntary departure from an immigration judge even while in ICE detention. It is often a strategic option to secure your release so you can arrange your own departure. An attorney can argue for a bond and a voluntary departure grant during your hearings.
How long do I have to leave if voluntary departure is granted?
The time frame varies. Pre-conclusion voluntary departure typically allows 120 days to depart. Post-conclusion voluntary departure usually grants 60 days. The judge sets the exact deadline, which is strictly enforced. Missing this deadline has severe consequences.
What happens if I miss my voluntary departure deadline?
If you fail to depart by the deadline, the grant automatically converts to a formal removal order. You will then be subject to a 10-year bar on reentry and may be ineligible for certain forms of relief for a decade. You may also be ordered to pay a civil penalty.
Should I choose voluntary departure or fight my case?
It depends. This is a critical decision that requires a full case evaluation by an experienced request for voluntary departure lawyer near me Bergen County. If you have a strong case for another form of relief (like asylum or cancellation of removal), fighting may be better. If other options are weak, voluntary departure may be the best strategic choice to preserve future options.
Can I come back to the U.S. after voluntary departure?
It depends on the type granted and your future visa application. Pre-conclusion voluntary departure does not carry a statutory reentry bar, but you must qualify for a visa under all standard laws. Post-conclusion voluntary departure carries a 10-year bar. A lawyer can advise on your specific long-term possibilities.
Related Legal Services in Bergen County
If you are exploring a request for voluntary departure, you may also need information on: Business Law in Bergen County, Federal Criminal Defense in Bergen County, or Civil Litigation in Bergen County. For more general immigration resources, visit our New Jersey Immigration Lawyer hub page.
Page last verified and updated: April 2026. Immigration law and procedures change frequently. The information on this page is for general understanding and should not be taken as legal advice for your specific case. Contact Law Offices Of SRIS, P.C. at (888) 437-7747 for a consultation about your situation.
Your case in Bergen 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 Bergen County that is the Superior Court of NJ, Bergen Vicinage (2nd Vicinage), 10 Main Street, Hackensack, NJ 07601, telephone (201) 527-2700, 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 Bergen 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: Bergen County NJ lawyers directory · Request for Voluntary Departure Lawyer Hudson County, NJ · Request for Voluntary Departure Lawyer Monmouth County, NJ.