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Applications to return home are needed by detained U.S. migrants

On Behalf of | Jun 17, 2020 | Immigration Detention

It is falsely claimed that migrants in detention centers can leave at any time to return to their country of origin. This is not true; they can leave only by requesting a voluntary departure and meeting certain requirements. People in California may want to learn more about this.

Individuals who are held in ICE or U.S. Customs and Border Protection custody pursuant to their immigration proceedings may not leave at a time they have chosen. When seeking voluntary departure, they can request departure through a hearing with an immigration judge. They must have been in the U.S. for at least a year and must have not been charged with a serious crime. Those migrants who are allowed to leave must wait for their hearing, which might take 30 to 60 days. If approved, the migrant has 120 days to leave. If they do not do so in this required time, they may be removed. Removal hinders the chance of a return to the U.S.

Those who are seeking asylum should realize that applying for voluntary departure will result in a discard of their asylum application; this will have serious consequences if they are seeking to stay in the U.S. It means they can return to their country without fear, so they will not be able to file for asylum in the U.S. again.

Misinformation about entry into the United States is widespread, so finding the correct information regarding immigration law may be easier with a knowledgeable attorney who is familiar with immigration detention. Whether an individual is able to return to the United States or not may be made clear through a consultation with a qualified attorney.