Request for Voluntary Departure Lawyer in Hudson County, NJ
A request for voluntary departure is a formal application to leave the U.S. voluntarily instead of facing formal removal. In Hudson County, this process is handled by the Newark Immigration Court. Successfully securing this relief can avoid a formal deportation order and future bars to re-entry. Law Offices Of SRIS, P.C.
Understanding a Request for Voluntary Departure in New Jersey
The statutory authority for voluntary departure is found in the Immigration and Nationality Act (INA), specifically under INA § 240B. This provision allows certain noncitizens to request permission to depart the United States at their own expense within a set period, rather than being subject to a formal order of removal issued by an immigration judge.
Last verified: March 2026 | Newark Immigration Court | New Jersey legislature URL
Founded in 1997 by former prosecutor Mr. Sris, our firm has over 120 years of combined legal experience. We understand that a request for voluntary departure lawyer Hudson County clients trust must handle federal immigration law and local court procedures to protect your future options.
Official Legal Resources
For the official text of the law, refer to the U.S. Citizenship and Immigration Services (USCIS) website. For local court procedures and filing information, visit the Executive Office for Immigration Review (EOIR) page for the Newark Immigration Court.
Local Process for a Request for Voluntary Departure in Hudson County
Cases for individuals residing in Hudson County are typically heard at the Newark Immigration Court. The process is adversarial, with a Department of Homeland Security (DHS) trial attorney opposing your application. The judge has discretion to grant or deny a request for voluntary departure based on statutory eligibility and positive factors you present.
- Case Review & Eligibility Assessment: An attorney will review your entire immigration history, criminal record, and current status to determine if you meet the strict eligibility criteria under INA § 240B.
- Application Preparation: Your lawyer will prepare the formal request, supporting evidence, and a legal brief arguing why you merit this discretionary relief.
- Court Representation: Your attorney will represent you at all master calendar and individual hearing dates, presenting your case and arguing against the DHS attorney’s opposition.
- Post-Grant Compliance: If granted, you must depart the U.S. within the time set by the judge (typically 60-120 days) and provide proof of departure. Failure to leave results in a conversion to a removal order and significant penalties.
Consequences of a Removal Order vs. Voluntary Departure
In Hudson County, choosing between fighting a removal order and seeking voluntary departure has long-term consequences. A removal order carries a 10-year bar on re-entry, while a successful voluntary departure may allow for a future visa application without the same automatic bar.
| Outcome | Re-Entry Bar | Future Visa Impact | Financial Cost |
|---|---|---|---|
| Voluntary Departure (Granted & Complied With) | No automatic bar* | Easier to overcome | Cost of own departure |
| Formal Order of Removal | 10-year or permanent bar | Extremely difficult | Potential detention costs |
| Voluntary Departure (Granted but Not Complied With) | 10-year bar + $1,000-$5,000 penalty | Severely impacted | Penalty fines added |
Results may vary. Prior results do not guarantee a similar outcome.
*While no automatic bar exists, consular officers will review your entire history when considering a new visa.
Why Choose Our Firm for Your Immigration Case
Law Offices Of SRIS, P.C. was founded in 1997. With a foundational principle of “Advocacy Without Borders,” our firm brings a focused, strategic approach to immigration proceedings. We understand the high stakes of removal proceedings and work to secure the best possible alternative, such as voluntary departure, to protect your future.
Our Approach to Your Case
We analyze every angle of your situation. For a request for voluntary departure, we gather evidence of your good moral character, ties abroad, and ability to finance your departure. We prepare you for testimony and craft legal arguments to persuade the immigration judge that granting your request serves the interests of justice.
Results may vary. Prior results do not guarantee a similar outcome.
Contact Our Hudson County Immigration Lawyers
Our New Jersey location serves clients in Hudson County. We are accessible via the NJ Turnpike, Route 1/9, and the Lincoln and Holland Tunnels. If you need a request for voluntary departure lawyer near me Hudson County, our team is ready to help.
Law Offices Of SRIS, P.C.
New Jersey Location — 44 Apple St, 1st Floor
Tinton Falls, NJ 07724
By appointment only.
Toll-Free: (888) 437-7747
24/7 phone consultations — meetings by appointment only. We serve Jersey City, Hoboken, North Bergen, Union City, West New York, Secaucus, Bayonne, Kearny, Harrison, Weehawken, and Guttenberg.
Frequently Asked Questions: Request for Voluntary Departure
Who is eligible for voluntary departure?
It depends. Eligibility requires you to be in removal proceedings, have good moral character for at least 5 years, have the means to depart, and not be convicted of certain crimes. An aggravated felony conviction makes you ineligible. An attorney must review your specific history.
How long do I have to leave if it’s granted?
Typically, an immigration judge will grant 60 to 120 days to depart. You must leave within this period and provide proof (like a plane ticket boarding pass) to the Department of Homeland Security. Failure to leave triggers severe penalties.
Can I apply for voluntary departure at the airport or border?
No. “Voluntary departure” at a port of entry is a different process for individuals not yet formally admitted. The request for voluntary departure discussed here is a legal remedy sought during removal proceedings in immigration court.
Is voluntary departure better than asylum?
It depends on your case. Asylum offers a path to stay; voluntary departure requires you to leave. If your asylum claim is weak, seeking voluntary departure may be a strategic choice to avoid a formal removal order, preserving future options. An attorney can advise on the best path.
What happens if I don’t leave on time?
The voluntary departure order automatically converts to a final order of removal. You will also face a civil penalty of $1,000 to $5,000 and be barred from re-entering the U.S. for 10 years. Compliance with the deadline is absolutely critical.
How can an affordable request for voluntary departure lawyer Hudson County help me?
An experienced lawyer can confirm your eligibility, gather necessary evidence, prepare legal arguments, represent you in court against the government attorney, and ensure you understand all deadlines. This guidance is vital to handling the demanding process successfully and avoiding costly mistakes.
Related Legal Services in Hudson County
If you are exploring other options, our firm also handles business immigration matters in Hudson County. For a broader view of our state-wide practice, visit our New Jersey Immigration Lawyer hub page. We also assist clients in neighboring areas like Bergen County.
Page last verified: 2026-04. Laws and procedures change. Contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance regarding your request for voluntary departure in Hudson County.
Your case in Hudson 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 Hudson County that is the Superior Court of NJ, Hudson Vicinage (3rd Vicinage), 583 Newark Avenue, Jersey City, NJ 07306, telephone (201) 748-4400, 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 Hudson 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: Hudson County NJ lawyers directory · Request for Voluntary Departure Lawyer Bergen County, NJ · Request for Voluntary Departure Lawyer Monmouth County, NJ.