Request for Voluntary Departure Lawyer in Monmouth County, NJ
A request for voluntary departure is a formal application to leave the United States at your own expense instead of facing formal removal. In Monmouth County, this process is handled by the Newark Immigration Court. Law Offices Of SRIS, P.C. provides experienced legal representation for individuals seeking this option.
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. It allows a noncitizen to leave the U.S. within a set period, typically 60 to 120 days, without receiving a formal order of removal. The primary benefit is avoiding the 5, 10, or 20-year bars on reentry that come with a removal order. Eligibility is strict and hinges on factors like your immigration history, criminal record, and good moral character. The process is governed by the Immigration and Nationality Act (INA), specifically INA § 240B.
Last verified: March 2026 | Newark Immigration Court | Executive Office for Immigration Review
Key Government Resources
- Immigration and Nationality Act (INA) – USCIS
- Executive Office for Immigration Review (EOIR) – U.S. Department of Justice
The Voluntary Departure Process in Monmouth County
For individuals in Monmouth County, immigration proceedings are typically held at the Newark Immigration Court. The process for requesting voluntary departure is formal and time-sensitive. You must make the request before the conclusion of your removal proceedings. The judge will consider factors such as your length of presence in the U.S., your ties to your home country, and whether you have the financial means to depart. An experienced request for voluntary departure lawyer Monmouth County can be critical in presenting a compelling case for this discretionary relief.
- Consult with an Immigration Attorney: Promptly seek counsel to assess your eligibility for voluntary departure and explore all potential forms of relief.
- Gather Supporting Evidence: Collect documents proving good moral character, ties to your home country, and financial ability to purchase a departure ticket.
- File the Formal Request: Your attorney will file the necessary motion (Form EOIR-33) with the Immigration Court, stating the legal and factual basis for your request.
- Present Your Case at the Hearing: You and your attorney will argue before the immigration judge why you merit this discretionary relief.
- Comply with Departure Conditions: If granted, you must depart the U.S. within the allotted time frame and provide proof of departure to DHS.
- Understand the Consequences of Non-Compliance: Failing to depart turns the grant into a final order of removal, triggering reentry bars and potential penalties.
Potential Consequences of a Removal Proceeding
In Monmouth County, the alternative to a successful request for voluntary departure is a formal order of removal, which carries long-term, severe immigration consequences.
| Outcome | Legal Status | Reentry Bar | Financial Cost | Future Immigration Impact |
|---|---|---|---|---|
| Voluntary Departure Granted | Lawful departure period | No automatic bar (may apply for visa) | Cost of departure + legal fees | Does not prevent most future visa applications if terms met |
| Order of Removal Issued | Formal deportation | 5, 10, or 20-year bar | Potential detention costs + legal fees | Extremely difficult to obtain future visas or legal status |
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 operates on the principle of “Advocacy Without Borders,” bringing a determined, client-focused approach to every immigration matter. With over 120 years of combined legal experience, we understand the high stakes of removal proceedings. We focus on building a clear, evidence-based case for discretionary relief like voluntary departure, aiming to protect your future ability to return to the United States legally.
Our Approach to Your Case
We begin with a thorough analysis of your immigration history and the government’s case against you. For a request for voluntary departure lawyer near me Monmouth County, we then develop a strategy that may include gathering affidavits of good moral character, evidence of community ties, and documentation of your ability to depart. We prepare all necessary filings and represent you at all hearings before the Newark Immigration Court, advocating forcefully for the grant of voluntary departure to avoid the harsh penalties of removal.
Contact Our Monmouth County Immigration Lawyers
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.
Our New Jersey location serves clients at Monmouth County courts. We represent individuals in Freehold, Tinton Falls, Red Bank, Long Branch, Asbury Park, Middletown, Holmdel, Marlboro, Manalapan, Howell, Wall Township, Neptune, and Colts Neck. 24/7 phone consultations — (888) 437-7747 — meetings by appointment only.
Frequently Asked Questions
Who is eligible for voluntary departure?
It depends. Eligibility is not automatic. An immigration judge considers if you have been in the U.S. for less than one year prior to the issuance of a Notice to Appear, have good moral character, have the means to depart, and are willing to do so voluntarily. Certain criminal convictions or prior immigration violations can make you ineligible.
What happens if I don’t leave by the voluntary departure deadline?
If you fail to depart by the deadline set by the judge, the grant of voluntary departure automatically converts to a final order of removal. This triggers a 10-year bar on reentering the United States and may subject you to civil penalties. You also become a priority for immigration enforcement.
Can I apply for voluntary departure more than once?
No. Generally, you may only be granted voluntary departure once. If you were previously granted voluntary departure and either did not depart or reentered the U.S. unlawfully, you are likely barred from receiving this relief again in subsequent proceedings.
How long do I have to leave if voluntary departure is granted?
The departure period is set by the immigration judge. For a request made at the conclusion of proceedings, the maximum period is 60 days. If requested earlier, such as prior to the start of a hearing, the judge may grant up to 120 days to depart. The clock starts when the judge issues the order.
Is voluntary departure better than fighting my removal case?
It depends on the strength of your underlying case for relief. If you have a strong claim for asylum, cancellation of removal, or another status, fighting may be better. If such relief is unlikely, voluntary departure preserves your ability to apply for a visa in the future, whereas a removal order imposes long-term bars. An affordable request for voluntary departure lawyer Monmouth County can help you weigh these critical options.
Related Legal Services in Monmouth County
If you are exploring other immigration options, our firm also handles cases for asylum, cancellation of removal, and adjustment of status. For other legal matters, see our pages on Monmouth County criminal defense and family law.
Last verified: March 2026. Laws and procedures change. Contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance regarding a request for voluntary departure.
Your case in Monmouth 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 Monmouth County that is the Superior Court of NJ, Monmouth Vicinage (9th Vicinage), 71 Monument Park, Freehold, NJ 07728, telephone (732) 677-4200, 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 Monmouth 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: Monmouth County NJ lawyers directory · Request for Voluntary Departure Lawyer Bergen County, NJ · Request for Voluntary Departure Lawyer Hudson County, NJ.