What Is Voluntary Departure?
Voluntary departure allows a person in removal proceedings to leave the United States at their own expense within a specified time period, rather than being formally deported (removed). It is available at two stages: before the removal hearing begins (pre-hearing) or at the conclusion of removal proceedings (post-hearing).
Why Choose Voluntary Departure Over Deportation?
The key benefit: voluntary departure avoids the severe immigration consequences of a formal removal order. A person who is formally deported faces a 5-year, 10-year, or permanent bar on re-entry to the United States. With voluntary departure, there is no removal order on your record, no automatic re-entry bar (though other bars may apply), and you may be eligible to apply for future visas or immigration benefits more easily.
Eligibility Requirements
For pre-hearing voluntary departure, you must have been present in the U.S. for at least one year, have good moral character for the past 5 years, not be deportable on terrorism or aggravated felony grounds, and agree to waive any appeal rights. For post-hearing voluntary departure, additional requirements include posting a voluntary departure bond (typically $500 to $10,000) and demonstrating the financial ability to depart.
Time Limits
Pre-hearing voluntary departure grants up to 120 days to leave. Post-hearing voluntary departure grants up to 60 days. Extensions are possible but must be requested before the deadline. Failing to depart within the granted period converts the voluntary departure into a formal removal order with a 10-year re-entry bar and a civil penalty of $1,000 to $5,000.
Critical Warning
If you are granted voluntary departure and fail to leave by the deadline, the consequences are worse than if you had simply been ordered removed. You automatically receive a removal order, face a 10-year bar on multiple forms of relief (asylum, cancellation of removal, adjustment of status), and may face financial penalties. Only request voluntary departure if you are certain you will leave on time.
Consult an attorney: The decision between voluntary departure and fighting removal is case-specific. An attorney can evaluate whether you have viable defenses to removal before you give up your right to a hearing. See our deportation defense guide for more options.