What is mandatory departure?

Mandatory departure is an immigration law term used in North Carolina to describe the government-ordered removal of a foreign national from the United States. It is different from voluntary or voluntary departure, which requires the foreign individual to agree to leave without being formally deported. Individuals who are facing mandatory departure may have committed a serious crime, overstayed their visa, or violated the terms of their immigration status. When a foreign national is subjected to mandatory departure, they must leave the U.S. within a specified period of time and prove their departure in order to be granted permission to enter the United States again in the future. The U.S. government may also impose a fine on those who are being subjected to mandatory departure. This fine may be the cost of returning to their home country or paying for the cost of their government-ordered removal from the United States. In North Carolina, individuals who are facing mandatory departure must go through a specific legal process. Once the case is filed, the government has 90 days to respond or else the foreign national will be allowed to remain in the United States. If the government does respond, the foreign national may be able to challenge the decision and request a hearing before an Immigration Judge. A lawyer can help the individual to understand the legal options available and make the best decision for their situation.

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