Self-deportation refers to the voluntary decision of a non-citizen to leave the United States before immigration authorities require them to do so. It’s often a strategic move, especially for individuals who have overstayed a visa, are facing removal proceedings or fear they may soon come under immigration scrutiny.
Some individuals are opting to self-deport because of major changes in immigration policies by the current administration. Understanding the ins and outs of this option may help immigrants facing this decision to make the choice they feel is in their best interests.
Self-deportation may prevent legal issues
Immigration laws in the U.S. can impose serious penalties for those who remain in the country without authorization. For example, someone who overstays their visa by more than 180 days but less than one year may face a three-year reentry bar. Overstaying by more than a year can trigger a 10-year bar. By leaving before accruing too much unlawful presence, some individuals can limit these consequences.
There are also cases where immigration relief is unlikely. If someone has exhausted all legal options or is unlikely to win their case, voluntary departure can help them avoid a formal removal order. A removal order on one’s record can be far more damaging and can restrict future chances of returning legally.
In some cases, leaving the country proactively may also be necessary to process certain visa applications or waivers from outside the U.S., which cannot be done while remaining inside the country unlawfully.
Because the implications of self-deportation can vary widely based on an individual’s immigration history and goals, it’s essential to understand all potential outcomes before making a decision. Taking proactive steps can prevent larger issues down the road, but those steps should be based on a clear understanding of immigration law and personal circumstances.