Immigration Attorney Ilya Fishkin on Voluntary Departure, Asylum, Deportation Fines, and Withholding
Immigration attorney Ilya Fishkin breaks down four critical decisions that can make or break a US immigration case: voluntary departure, passport renewal during asylum proceedings, daily fines for ignored removal orders, and deportation to third countries.
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In a broadcast on ImmigrantNews.pro, immigration attorney Ilya Fishkin analyzed four key policy issues that directly affect the outcome of cases before U.S. immigration courts. The material covers tactical decisions faced by clients under increasing immigration pressure — from voluntary departure to deportation to third countries. The editorial team publishes the attorney's verbatim quotes with neutral editorial introductions.
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The attorney explained what procedural steps during voluntary departure from the U.S. can affect the possibility of returning to the country in the future.
The discussion addressed how obtaining a new passport from one's home country during the asylum process can impact the case.
The attorney addressed the financial consequences for those who did not comply with a final order of deportation.
The attorney explained the mechanism of so-called withholding of removal and described the circumstances under which a person can be deported not to their home country, but to a third country.
The broadcast clearly illustrates how specific procedural decisions — seemingly routine ones, such as obtaining a passport or appearing in court — can have long-term legal consequences in today's U.S. immigration landscape. The editorial team recommends consulting a licensed attorney for each individual situation.
Frequently Asked Questions
What happens if an immigrant fails to appear in court and does not take voluntary departure?
If a person does not show up to court, an in absentia order of deportation will be issued against them. According to attorney Ilya Fishkin, this creates very serious problems if the person ever wants to return to the United States in the future.
Can obtaining a new passport from your home country hurt your asylum case in the U.S.?
Yes, attorney Ilya Fishkin advises against getting a new passport while your asylum case is in court. He explains that doing so can weaken your claim, because it may appear that you are submitting to the jurisdiction of the very state you claim to fear, especially if your asylum case is based on government persecution.
What financial penalties can accumulate if a person ignores a final order of deportation?
According to attorney Ilya Fishkin, a fine of $998 per day accumulates for individuals who have a final deportation order and did not leave the country. At some point, USCIS sends those fines and gives the person 15 days to respond if they believe an error was made.
What is withholding of removal, and can a person be deported to a third country under it?
Withholding of removal is a type of deportation order under which a person cannot be deported to one specific country but can still be deported to another country. Attorney Ilya Fishkin gave an example where a person whose asylum claim was against Russia was deported to Moldova under this mechanism.