Request for Voluntary Departure Lawyer in Somerset County, NJ
A request for voluntary departure is a critical alternative to formal removal proceedings, allowing you to leave the U.S. at your own expense within a set timeframe. In Somerset County, handling this process before the Newark Immigration Court requires precise legal strategy. Law Offices Of SRIS, P.C.
Understanding Voluntary Departure Under Immigration Law
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 United States voluntarily, rather than being formally deported. Choosing this path can avoid the severe penalties associated with a removal order, such as a multi-year bar on reentry.
Last verified: March 2026 | Superior Court of NJ, Somerset Vicinage | New Jersey Legislature
The authority for voluntary departure is found in the Immigration and Nationality Act (INA). Specifically, INA § 240B governs voluntary departure before an immigration judge, outlining the eligibility requirements, bond amounts, and timeframes for departure. It is demanding statute with strict procedural deadlines.
For official reference, you can review the Immigration and Nationality Act (INA) on the USCIS website. For local court procedures, the Executive Office for Immigration Review (EOIR) provides official guidance on court practices, including those affecting cases in the Newark jurisdiction covering Somerset County.
- Consult an Immigration Attorney Immediately: Before your first hearing, discuss your entire immigration history to assess eligibility for voluntary departure versus other forms of relief.
- Gather Proof of Ties to Home Country: Collect documents showing you have a place to go and means to support yourself upon return, such as family contacts, job offers, or housing arrangements.
- Prepare the Formal Request (Form I-246): If seeking voluntary departure from DHS before court proceedings, this application must be filed with supporting evidence. In court, a formal motion is required.
- Post the Required Bond: The immigration judge will set a bond amount that must be posted to secure the grant of voluntary departure. Failure to depart forfeits this bond.
- Depart the United States Timely: You must leave by the date set by the judge or DHS. Failure to depart triggers a removal order and severe penalties, including a 10-year bar on reentry.
- Obtain Proof of Departure: Secure airline tickets and boarding passes as proof you left within the allotted time. Provide copies to your attorney.
Consequences of a Request for Voluntary Departure
In Somerset County, a successful request for voluntary departure allows you to avoid the formal stigma of deportation, but it requires you to leave the country and carries financial and legal consequences for non-compliance.
| Scenario | Legal Classification | Primary Consequence | Financial Impact | Future Immigration Impact |
|---|---|---|---|---|
| Voluntary Departure Granted & Complied With | Grant of Discretionary Relief | Must depart U.S. by set date | Cost of travel + posted bond refunded | No formal deportation order; may apply for visa later, subject to other grounds of inadmissibility |
| Voluntary Departure Granted & NOT Complied With | Converted to Removal Order | Subject to arrest and removal | Forfeiture of bond + cost of removal | 10-year bar on reentry (INA § 212(a)(9)(A)) |
| Voluntary Departure Denied | Proceed with Removal Proceedings | Immigration judge issues final removal order | Costs of continued litigation | Formal deportation order; 5, 10, or 20-year bar on reentry |
Results may vary. Prior results do not guarantee a similar outcome.
Why Choose Our Firm for Your Immigration Case
Founded in 1997 by former prosecutor Mr. Sris, Law Offices Of SRIS, P.C. operates on the principle of “Advocacy Without Borders.” Our immigration team brings a focused understanding of the Newark Immigration Court’s procedures. We analyze every angle of your case, from voluntary departure to asylum or cancellation of removal, to identify the strongest path forward. We handle the complex paperwork and court appearances, allowing you to focus on your family and next steps.
Our Approach to Immigration Defense
We begin with a thorough review of your entire immigration history, your family ties in the U.S., and your circumstances abroad. For a request for voluntary departure, we meticulously prepare your application or court motion, assemble evidence of your ties to your home country, and advocate before the immigration judge or DHS officer. Our goal is to secure the most favorable outcome possible, whether that is voluntary departure or another form of relief that allows you to remain.
Contact Our Somerset 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) 455-5120
By appointment only.
Our New Jersey location serves clients at Somerset County courts and the Newark Immigration Court. We represent individuals in Somerville, Bridgewater, Franklin Township, Bound Brook, Hillsborough, Warren Township, Watchung, Bernardsville, and Bedminster. Looking for an affordable request for voluntary departure lawyer Somerset County? We offer 24/7 phone consultations — call (888) 437-7747 — meetings by appointment only.
Frequently Asked Questions
What is the difference between voluntary departure and deportation?
Yes, there is a major difference. Voluntary departure is a choice to leave by a certain date, avoiding a formal deportation order on your record. Deportation (removal) is a forced expulsion ordered by the government, which carries longer bars on returning to the U.S.
Can I apply for voluntary departure if I’m already in removal proceedings?
Yes. You can request voluntary departure from an immigration judge during your proceedings. The request is often made at the master calendar hearing. Eligibility depends on factors like your criminal history and prior immigration violations.
How long do I have to leave if granted voluntary departure?
It depends on when it is granted. If granted at the start of proceedings, you may get 120 days. If granted at the conclusion, after losing your case, you typically get 60 days. The judge sets the exact date, and you must depart by then.
What happens if I don’t leave by the voluntary departure date?
The grant converts to a final order of removal. You will be subject to a 10-year bar on reentering the United States, and any bond you posted will be forfeited. You may also be arrested and physically deported.
Should I talk to a request for voluntary departure lawyer near me Somerset County?
Yes. Immigration law is federal, but local attorneys understand the specific practices of your assigned immigration court (like Newark). A local lawyer can efficiently handle filings, court appearances, and communication with ICE in your area.
Internal Links: For more on our statewide practice, see our New Jersey Civil Litigation hub page. We also assist clients in nearby areas like Bergen County. If you have other legal needs in Somerset County, explore our services for business law or federal criminal defense.
Page last verified: 2026-04. Immigration laws and policies 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 current, case-specific guidance.
Your case in Somerset 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 Somerset County that is the Superior Court of NJ, Somerset Vicinage (13th Vicinage), 20 North Bridge Street, Somerville, NJ 08876, telephone (908) 231-7000, 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 Somerset 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: Somerset 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.