What Is Voluntary Departure?

Updated October 13, 2026 · 2 min read · 3 sources

Short answer

Voluntary departure lets a person in removal proceedings leave the US at their own expense by a deadline instead of being ordered removed, avoiding the 10-year bar that follows a removal order. Judges can grant up to 120 days before proceedings end or up to 60 days at the end, often with a bond. Failing to leave on time brings fines and a 10-year ban on several forms of relief.

Voluntary departure is a way to leave the US without a formal removal order on your record. It can preserve future options, but it has strict rules.

Two types in immigration court

Under 8 U.S.C. 1229c:

Before the end of proceedings At the end of proceedings
Maximum time to leave Up to 120 days Up to 60 days
Key requirements Request early, concede removability, waive other relief and appeal; not an aggravated felon or terrorism-related 1 year of physical presence before the NTA, 5 years of good moral character, not an aggravated felon or terrorism-related, show means and intent to depart
Bond May be required Required, at least $500

ICE may also grant voluntary return or departure outside court in some cases.

Why choose it

  • It avoids a removal order and the 10-year bar on returning after removal (8 U.S.C. 1182(a)(9)(A)).
  • It can make it easier to return legally later, although unlawful presence bars of 3 or 10 years may still apply after you leave if you accrued enough unlawful presence.

Penalties for not leaving on time

If you are granted voluntary departure and do not leave by the deadline (8 U.S.C. 1229c(d)):

  • A civil penalty of $1,000 to $5,000
  • Ineligibility for 10 years for cancellation of removal, adjustment of status, change of status, registry and further voluntary departure
  • The alternate removal order takes effect

Appeals and motions

Filing a motion to reopen or reconsider during the voluntary departure period, or a petition for review, can automatically terminate the grant under the regulations (8 CFR 1240.26), so understand the consequences before filing.

Proving you left

Report to a US consulate abroad with proof of departure, such as your passport and travel tickets, so the government records your timely exit and the bond can be refunded.

Is it right for you?

It depends on whether you have any chance of relief to stay and on your plans to return. An immigration lawyer can compare voluntary departure with other options. See also what happens after a deportation order.

Sources

  1. Cornell Law School LII: 8 U.S.C. 1229c, Voluntary departure
  2. Cornell Law School LII: 8 CFR 1240.26, Voluntary departure, authority of the Executive Office for Immigration Review
  3. Cornell Law School LII: 8 U.S.C. 1182(a)(9), Aliens previously removed and unlawfully present

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This article is general legal information, not legal advice, and reading it does not create an attorney-client relationship. Laws differ by state and change over time; talk to a licensed attorney in your state about your situation.

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