Understanding Voluntary Return: A Guide

Voluntary Return is a specific administrative process where an individual agrees to depart the United States without a formal court order. While it is often presented as a "quick fix" during an encounter with immigration officials, it is a significant legal decision that waives many rights in exchange for avoiding certain long-term penalties.

The Process: How It Happens

Unlike processes that take place in front of a judge, Voluntary Return is typically handled "in the field." It is often offered by U.S. Customs and Border Protection (CBP) or Immigration and Customs Enforcement (ICE) during border encounters or enforcement operations.

When an individual accepts a Voluntary Return:

• They agree to leave the U.S. immediately or within a very short, specified timeframe.

• They move through the process administratively, meaning no immigration judge is involved.

• The encounter is closed once the person physically exits the U.S.

What You Are Giving Up

Accepting a Voluntary Return is a trade-off. By signing the agreement, the individual is choosing to:

• Waive the Right to a Hearing: You give up your right to appear before an immigration judge to explain your situation.

• Forgo Legal Defenses: You waive the opportunity to apply for forms of relief that could allow you to stay, such as Asylum or Cancellation of Removal.

• Admit to Unlawful Status: The process requires conceding that you do not have lawful status in the U.S. at that time.

The "Benefit": Avoiding the Long-Term Bar

The primary reason someone might choose Voluntary Return is to protect their future immigration options. While other forms of forced departure (which we will cover in our next update) often trigger automatic 5, 10, or 20-year bars to reentering the U.S., a Voluntary Return generally does not carry these specific statutory bars.

For someone who may have a legal pathway to return in the future—such as a family-based petition—Voluntary Return is often seen as "less damaging" to their permanent record.

Important Risks to Consider

It is important not to view Voluntary Return as a "clean slate."

1. DHS Records: The Department of Homeland Security maintains a permanent record of the encounter and your departure.

2. Patterns of Entry: Repeated voluntary returns can be used against you in the future, as they may suggest a history of non-compliance with immigration laws.

3. Limited Availability: This option is generally only offered to those who do not express a fear of returning to their home country. If you have a fear of persecution, accepting a Voluntary Return could put you in immediate danger by bypassing the protection screening process.

Sueño Monarca Contact: Reach out via email at immigration@monarcadream.org for direct connection to local, friendly resources.