Immigration Insight

Self-Deportation: Why It’s Risky and How an Immigration Attorney Can Help You Stay in the U.S.

August 12, 2025
  • Individual Immigration

In recent weeks, many immigrants have been hearing frightening headlines and rumors:
“If you leave now, you might be able to come back legally later.”
“The government is offering money to those who self-deport.”

These messages are part of a broader strategy to pressure immigrants into leaving voluntarily, but what they don’t tell you is that self-deportation often comes with serious, life-changing consequences.

What Is Self-Deportation?

Self-deportation happens when an immigrant leaves the United States on their own, either because they feel pressured by immigration enforcement or because they believe there is no legal way to stay.
Sometimes, ICE and certain government policies create fear to push immigrants toward leaving voluntarily, without fully understanding the long-term consequences.

The Hidden Costs of Self-Deportation

According to the National Immigration Project, self-deportation can trigger legal and practical barriers that may keep you out of the U.S. for years, or forever.

  1. Long or Permanent Bans on Returning

If you’ve lived in the U.S. without permission:

  • Over 6 months but under 1 year → 3-year ban before you can apply to return.
  • Over 1 year → 10-year ban.
  • Certain cases (like reentry after deportation) can lead to a permanent bar.

These bans apply even if you have family in the U.S. who could petition for you. Waivers exist but are hard to get.

  1. Criminal and Immigration Record Consequences

Some convictions — even minor ones — can make it impossible to get a visa in the future.
False claims of U.S. citizenship or misrepresentation on immigration forms also carry lifetime bans without waivers.

  1. Losing Your Right to Fight Your Case

If you leave while your immigration case is pending:

  • Your application may be considered abandoned.
  • Appeals are harder to pursue from outside the U.S.
  • In some cases, even winning an appeal doesn’t guarantee ICE will bring you back.

For example, T visas (for victims of human trafficking) cannot be approved if the applicant is outside the country.

  1. Financial Penalties and Criminal Charges for Returning Without Permission

Reentering without permission after deportation can lead to steep fines and federal prison time (up to 20 years in some cases).
The new One Big Beautiful Bill Act also imposes a $5,000 fee on people detained after crossing without permission or missing their court hearing.

Why Having a Pending Case Is Better Than Self-Deporting

Even if the news makes it sound hopeless, having a case pending with USCIS or in immigration court is almost always better than having no case at all.

Here’s why:

  • If ICE detains you, your attorney can request bond, fight removal, or reopen your case.
  • Pending cases can pause deportation in certain circumstances.
  • Lawyers can file motions to oppose reopening old cases or to stop deportation orders.

In our law firm, we’ve won releases from detention for clients with pending T visas and other humanitarian applications.

Options Before Considering Departure

Before you decide to leave, talk to an experienced immigration attorney about all possible relief, including:

  • Asylum (if you fear persecution in your country)
  • VAWA (for victims of abuse by U.S. citizens or residents)
  • U Visa (for victims of qualifying crimes who help law enforcement)
  • T Visa (for victims of human trafficking)
  • Cancellation of Removal (for those with long U.S. residence and U.S. citizen/LPR family)
  • Parole in Place (for military family members)
  • Special Immigrant Juvenile Status (for minors who’ve been abused, abandoned, or neglected)

How an Immigration Lawyer Can Help

An attorney can:

  • Evaluate your eligibility for multiple forms of relief
  • File motions to reopen or stop deportation
  • Negotiate with ICE for release or case closure
  • Represent you in court and prepare a strong defense
  • Guide you through complex forms and evidence requirements

Remember — the earlier you speak to a lawyer, the more options you may have.

The government often uses fear to push immigrants into leaving voluntarily. But many people win their cases every day — even under strict enforcement.

If you or someone you love is facing deportation, do not give up without exploring every legal option.

📞 Call Eagan Immigration at 202-709-6439 for a free evaluation.
You are not alone. There is still hope.