An immigration judge granted voluntary departure for former Old Orchard Beach police officer John Luke Evans, who was arrested by immigration authorities in July for overstaying his visa. This decision requires him to leave the U.S. while allowing him to avoid deportation.
[RELATED: ICE Arrests Old Orchard Beach Police Officer from Jamaica for Overstaying Visa…]
WMTW reported the ruling on Monday after reviewing court documents.
The immigration judge granted Evans a pre-conclusion voluntary departure, which can be granted upon request at the beginning of immigration proceedings. Voluntary departure requires the illegal immigrant to leave the U.S., but allows him to avoid formal deportation and the potentially time-consuming adjudication of his immigration case.
According to the U.S. Department of Justice (DOJ), an immigrant must request pre-conclusion voluntary departure before a final decision on their case. In order to qualify, the immigrant must admit that they are in the country illegally, withdraw any applications to remain in the U.S., demonstrate the intention and means to leave the country, and, somewhat vaguely-defined, “demonstrate that you are a good person.”
Immigrants granted voluntary departure must pay for their own travel out of the U.S. and must leave within a time period set by a judge, or face serious legal consequences. Immigrants who leave voluntarily will, however, have the opportunity to re-enter the U.S. legally at a later date.
WMTW did not report on the time frame given to Evans to leave the country.
Evans, a Jamaican national, entered the U.S. legally in 2023 but overstayed his visa. He was supposed to depart the country shortly after his arrival but never boarded his return flight. Instead, he settled down and eventually became a reserve police officer in Old Orchard Beach in May of this year.
Immigration and Customs Enforcement (ICE) reportedly became aware of Evans’ visa overstay after he attempted to purchase a firearm as an undocumented immigrant.
