Home > Legal > Research Legal Advice > Immigration > What is the difference between a voluntary depaturte and a deportation?
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Attorney answers (2)
The benefit of the VD is that you are not faced with the usual 10 year bar for someone who was in fact deported. However, if you accrued any period of unlawful presence before your VD, then the VD does not cure the bar that arises from that. A waiver could. Good luck.
There are two types of voluntary departure. The first is pre-hearing and does not require a bond. The second type comes after there is a final decision and will require a minimum bond of 500 dollars. Getting the bar depends on how long you have been out of status. If more than 180 days but less than a year then the bar will be for three years. This bar may be waived by VD. If the out of status period is beyond the year then the bar is for ten years. Both of these periods begin to run once you have left the U.S., not before. Finally note that while VD will waive the three year bar it will NOT waive the ten year bar. Someone without VD is barred from returning to the U.S. for a period of 5 years.
