Request for Voluntary Departure Lawyer New Jersey — Can You Leave on Your Own Terms?
A request for voluntary departure is a critical alternative to formal deportation (removal) in New Jersey immigration court. If granted, it allows you to leave the United States at your own expense by a set date, avoiding a formal removal order on your record. Law Offices Of SRIS, P.C.
What Is a Request for Voluntary Departure in New Jersey?
The statutory framework for voluntary departure is found in the Immigration and Nationality Act (INA), specifically § 240B. This provision allows certain noncitizens in removal proceedings to request permission to depart the United States voluntarily at their own expense, instead of being subject to a formal order of removal issued by an immigration judge. In New Jersey, these proceedings are heard at the Newark Immigration Court.
Last verified: March 2026 | Newark Immigration Court | U.S. Citizenship and Immigration Services
Founded in 1997 by former prosecutor Mr. Sris, our firm brings decades of combined experience to immigration cases. Understanding the procedural nuances of the Newark court is essential for a successful request for voluntary departure.
Official Immigration Resources
For the official text of the law, refer to the Immigration and Nationality Act § 240B on the USCIS website. For court-specific procedures and forms, visit the Executive Office for Immigration Review (EOIR) page for the Newark Immigration Court.
The New Jersey Process for Requesting Voluntary Departure
Successfully securing voluntary departure in New Jersey requires strict adherence to procedural rules and convincing the immigration judge of your eligibility and good moral character. The process is highly time-sensitive, with different rules applying if the request is made before or at the conclusion of your removal hearing.
- Consult an Attorney Immediately: Before your master calendar hearing, discuss with your lawyer if voluntary departure is a viable strategy based on your criminal history, immigration history, and country conditions.
- File the Request Timely: A request for voluntary departure can be made prior to or at the conclusion of your individual hearing. Missing the deadline forfeits the option.
- Present Evidence of Good Moral Character: Be prepared to provide documentation showing no convictions for certain crimes and a history of compliance with U.S. laws.
- Demonstrate Financial Ability and Intent to Depart: You must prove you have the means to pay for your departure and will leave by the set date, often by showing a purchased plane ticket.
- Comply with All Conditions: If granted, you must depart the U.S. by the deadline and provide proof of departure to the Department of Homeland Security. Failure to leave triggers severe penalties.
Consequences of Voluntary Departure vs. Removal
In New Jersey, choosing between voluntary departure and fighting removal involves weighing immediate consequences against long-term immigration bans. The right choice depends entirely on your specific case facts and future goals.
| Aspect | Voluntary Departure (Granted) | Formal Order of Removal |
|---|---|---|
| Immigration Record | No formal removal order.* | Permanent record of deportation. |
| Bar to Re-entry | Generally, no automatic re-entry bar if you depart on time. | Automatic bars of 5, 10, 20 years, or permanent. |
| Future Immigration Benefits | Easier to potentially apply for a visa in the future. | Extremely difficult to overcome for most future benefits. |
| Penalty for Non-Compliance | If you fail to leave: converts to a removal order with a 10-year bar and fines. | Subject to detention and removal by DHS. |
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, operates on the principle of “Advocacy Without Borders.” Our immigration team, led by Mr. Sris, focuses on strategic defense in removal proceedings. We analyze every angle, from eligibility for relief like voluntary departure to potential challenges to removability. For an affordable request for voluntary departure lawyer New Jersey residents can consult, we offer clear fee structures and 24/7 availability to address the urgent nature of immigration deadlines.
Documented Immigration Case Results
Our firm’s approach to immigration defense is grounded in meticulous case preparation. While every case is unique, our team works to secure a favorable outcome, whether that is a grant of voluntary departure, termination of proceedings, or another form of relief.
Results may vary. Prior results do not guarantee a similar outcome.
- Dismissal in D.C. Superior Court: Successfully argued for the dismissal of a misdemeanor sex abuse charge (§ 22–4001) in the District of Columbia, removing a potential bar to immigration relief for the client.
- Favorable Disposition in Baltimore County: Negotiated a resolution in a serious child pornography possession case resulting in a fully suspended incarceration sentence and probation, preserving the client’s immigration status.
- Nolle Prosequi in Maryland: Secured a nolle prosequi (prosecution dropped) for a client facing charges of promoting/distributing child pornography, a result that prevented a devastating conviction.
Contact Our New Jersey Immigration Lawyers
If you need a request for voluntary departure lawyer near me New Jersey, our team is accessible. We serve clients across New Jersey, including those near the Newark Immigration Court.
Law Offices Of SRIS, P.C.
By appointment only.
Toll-Free: (888) 437-7747 | Local: (862) 904-6549
24/7 phone consultations — meetings by appointment only.
Frequently Asked Questions: Voluntary Departure in NJ
Who is eligible for voluntary departure in New Jersey?
It depends. Eligibility requires good moral character for a specific period, no aggravated felony convictions, and a willingness to depart at your own expense. You must also request it before the immigration judge issues a final removal order. An attorney can assess your specific history.
What is the deadline to leave if voluntary departure is granted?
Typically, 60 to 120 days. The judge sets the exact date. You must provide proof of departure to DHS. Failure to leave by this date automatically converts the grant into a removal order with a 10-year bar and potential fines.
Can I return to the U.S. after voluntary departure?
Yes, potentially. Unlike a removal order, voluntary departure does not carry an automatic re-entry bar. However, you must qualify for and obtain a visa through normal consular processes. Any prior immigration violations will still be considered.
How much does it cost to hire a lawyer for this?
Legal fees vary based on the issues in dispute. As an affordable request for voluntary departure lawyer New Jersey clients trust, we provide clear consultations to discuss costs. The alternative—a removal order—carries far greater long-term financial and personal costs.
What happens if my request for voluntary departure is denied?
The removal proceedings continue. Your attorney can then pursue other forms of defense or relief, such as cancellation of removal, asylum, or appealing the judge’s decision. Having a backup strategy is critical.
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Page Last verified: March 2026. Immigration law and court procedures change. Contact Law Offices Of SRIS, P.C. at (888) 437-7747 for the most current guidance regarding your request for voluntary departure.