Voluntary Departure

Voluntary departure is a form of relief in immigration court that allows a respondent to leave the United States on their own terms, at their own expense, within a specified period, instead of being formally ordered removed (deported). While it results in the person leaving the country, voluntary departure offers significant advantages over a removal order.

The primary benefits of voluntary departure include: no formal removal order on the person's immigration record, no statutory bar on future re-entry (unlike a removal order, which triggers a 10-year or longer bar), and the ability to preserve future immigration options that might be foreclosed by a removal order. For someone who may have a pathway to return legally in the future — such as through a family petition or employment sponsor — voluntary departure can be critically important.

Voluntary departure can be granted at two stages. Pre-hearing voluntary departure may be granted before or during the master calendar hearing, typically allowing 120 days to depart. Post-hearing voluntary departure may be granted at the conclusion of the individual hearing, typically allowing 60 days. The requirements are stricter for post-hearing grants, including good moral character, physical presence for at least one year, the ability to pay for travel, and posting a voluntary departure bond.

The consequences of failing to depart by the deadline are severe. If the person remains past the voluntary departure date, the grant automatically converts into a removal order, and the person may face a civil penalty of $1,000-$5,000 and a 10-year bar on several forms of immigration relief. This makes compliance with the departure deadline essential.

Voluntary departure is often a strategic choice made in consultation with an attorney. In cases where the respondent has no viable claim to relief, voluntary departure may be the best option — preserving future immigration possibilities while avoiding the harsher consequences of a removal order.