Request for Voluntary Departure Lawyer in Union 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 Union County, this process is handled by the Newark Immigration Court. Successfully filing a request for voluntary departure lawyer Union County representation can protect you from a 10-year re-entry bar.
What Is a Request for Voluntary Departure?
Voluntary departure is a discretionary form of relief granted by an immigration judge. It allows a noncitizen to leave the U.S. at their own expense within a set period, typically 60 to 120 days, instead of being subject to a formal order of removal. The legal authority for voluntary departure is found in the Immigration and Nationality Act (INA), specifically INA § 240B. To be eligible, you must request it before the conclusion of your removal proceedings, show good moral character for a specific period, and demonstrate the ability to depart and the intent to do so.
Last verified: March 2026 | Newark Immigration Court | Executive Office for Immigration Review
Founded in 1997 by former prosecutor Mr. Sris, our firm brings decades of combined experience to contested immigration cases like requests for voluntary departure.
Official Government Resources
- INA § 240B – Voluntary Departure (U.S. Citizenship and Immigration Services)
- Newark Immigration Court Information (U.S. Department of Justice)
The Process for a Request for Voluntary Departure in Union County
Filing a request for voluntary departure in Union County involves the Newark Immigration Court. The process is strict, and missing a deadline can result in a removal order. An affordable request for voluntary departure lawyer Union County can help handle the specific requirements of this court.
- Consultation & Eligibility Review: An attorney reviews your immigration history, criminal record, and current status to confirm eligibility for voluntary departure.
- Application Preparation: Your lawyer prepares Form I-246, the Application for Stay of Deportation or Removal, or makes the request directly before the immigration judge, along with supporting evidence.
- Court Submission & Hearing: The request is formally submitted to the Newark Immigration Court. You must attend a hearing where the judge will consider your application.
- Judge’s Decision: The immigration judge grants or denies the request. If granted, you receive a specific departure deadline.
- Compliance & Departure: You must leave the United States by the set deadline and provide proof of departure to the Department of Homeland Security.
- Consequences of Non-Compliance: Failing to depart on time converts the grant into a final order of removal, triggering a 10-year bar on re-entry and possible penalties.
Potential Consequences of a Voluntary Departure Request
In Union County, a granted request for voluntary departure allows you to avoid a formal removal order but requires you to leave the U.S. by a strict deadline.
| Scenario | Legal Classification | Primary Consequence | Long-Term Impact |
|---|---|---|---|
| Voluntary Departure Granted & Complied With | Grant of Discretionary Relief | Must depart by deadline (60-120 days) | No formal removal order; may apply for visas in future but must overcome prior unlawful presence. |
| Voluntary Departure Denied | Denial of Relief | Proceedings continue toward possible removal order | Subject to formal removal; may face bars to re-entry. |
| Failure to Depart by Deadline | Violation of Court Order | Voluntary departure order converts to removal order | Subject to a 10-year bar on re-entry (INA § 212(a)(9)(A)); may face civil penalties. |
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, has over 120 years of combined legal experience. Our founder, Mr. Sris, is a former prosecutor who understands both sides of the legal system. We focus on providing clear, strategic guidance for contested immigration matters like requests for voluntary departure. We serve clients across multiple states, bringing a broad perspective to each case.
Seeking a Request for Voluntary Departure Lawyer Near Me Union County
If you are searching for a “request for voluntary departure lawyer near me Union County,” our New Jersey location serves clients throughout Union County, including Elizabeth, Union Township, Plainfield, Westfield, and Cranford. We are accessible via the NJ Turnpike, Garden State Parkway, and Route 22. We offer 24/7 phone consultations for immediate guidance on your immigration case.
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) 334-7467
By appointment only.
Availability: 24/7 phone consultations — (888) 437-7747 — meetings by appointment only.
Communities Served: Elizabeth, Union Township, Plainfield, Westfield, Scotch Plains, Cranford, Summit, Linden, Rahway, Clark, Roselle, Springfield.
Frequently Asked Questions: Request for Voluntary Departure
What is the main benefit of voluntary departure?
Yes. The primary benefit is avoiding a formal order of removal (deportation). Leaving under a grant of voluntary departure does not trigger the 10-year re-entry bar that a removal order does, making it easier to potentially return legally in the future.
Can I apply for voluntary departure after I lose my case?
It depends. The law distinguishes between pre-conclusion and post-conclusion voluntary departure. You must generally request it before the immigration judge issues a final decision on removal. After a final removal order, options are extremely limited and require a motion to reopen.
How long do I have to leave if voluntary departure is granted?
Typically 60 days if granted at the start of proceedings, or up to 120 days if granted at the conclusion. The immigration judge sets the exact deadline. You must provide proof of departure to DHS by that date.
What happens if I don’t leave by the deadline?
No. Failure to depart converts the voluntary departure grant into a final order of removal. You then become subject to a 10-year bar on re-entering the United States and may face civil monetary penalties.
Can I work while waiting for my voluntary departure date?
Generally, no. A grant of voluntary departure does not include work authorization. You must have separate, valid employment authorization from USCIS. Your lawyer can advise if you qualify for a different status that permits work.
Is voluntary departure the same as deportation?
No. Voluntary departure is a discretionary alternative to deportation (removal). You agree to leave on your own by a certain date. Deportation is a formal, involuntary removal order executed by the government, carrying heavier legal consequences.
Internal Resources
- New Jersey Immigration Lawyer Hub
- Asylum Lawyer Union County
- Cancellation of Removal Lawyer Union County
- Criminal Defense Lawyer Union County
Page last verified: 2026-04. Laws and procedures change. Contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance on your request for voluntary departure.
Your case in Union 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 Union County that is the Superior Court of NJ, Union Vicinage (12th Vicinage), 2 Broad Street, Elizabeth, NJ 07207, telephone (908) 787-1650, 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 Union 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: Union 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.