Voluntary Departure: An Alternative to Deportation Order
Voluntary departure allows individuals in removal proceedings to leave the United States on their own terms rather than receiving formal deportation orders. This option preserves certain future immigration possibilities and avoids the legal consequences of removal. This guide explains voluntary departure eligibility, the application process, and its implications for future immigration.
Voluntary departure allows individuals in removal proceedings to leave the United States on their own terms rather than receiving formal deportation orders. This option preserves certain future immigration possibilities and avoids the legal consequences of removal. This guide explains voluntary departure eligibility, the application process, and its implications for future immigration.
Voluntary departure is a discretionary form of relief that allows certain individuals in removal proceedings to leave the United States voluntarily within a specified time period rather than being formally removed. According to INA Section 240B, two types exist: pre-conclusion voluntary departure (granted before merits hearings, up to 120 days to depart) and post-conclusion voluntary departure (granted at the end of proceedings, up to 60 days to depart). Voluntary departure preserves more future immigration options than removal but requires departure within the specified period and may require posting a bond. Failure to depart on time converts voluntary departure into a removal order with significant penalties.
Key Takeaways
Voluntary departure avoids the legal consequences of formal removal orders.
Pre-conclusion voluntary departure: up to 120 days to depart, no bond required.
Post-conclusion voluntary departure: up to 60 days to depart, requires bond posting.
Failure to depart on time results in automatic removal order plus civil penalties.
Aggravated felony convictions disqualify applicants from voluntary departure.
Voluntary departure preserves the ability to seek admission later through normal channels.
Travel costs for departure are the responsibility of the individual, not the government.
Table of Content
What Are the Two Types of Voluntary Departure?
Two voluntary departure options exist with different requirements and benefits:
Pre-conclusion voluntary departure: Requested before the conclusion of removal proceedings. Available at master calendar hearings. Allows up to 120 days to depart. No bond required. Applicants concede removability but avoid full merits hearings.
Post-conclusion voluntary departure: Requested at the end of removal proceedings, after individual hearings. Allows up to 60 days to depart. Requires posting a bond (typically $500 minimum). Available to those whose cases proceed through full hearings.
The choice between pre-conclusion and post-conclusion depends on case strategy and the strength of available defenses to removal.
When Should You Choose Pre-Conclusion?
Pre-conclusion voluntary departure makes sense when:
You have no strong relief from removal available
You want to leave on your own terms quickly
You need more time before departure (up to 120 days vs 60)
You want to avoid the bond requirement
Your case is unlikely to succeed at merits hearings
Pre-conclusion is essentially conceding the case while securing favorable departure terms. It is a common choice when defense options are limited.
Who Qualifies for Voluntary Departure?
Eligibility requirements differ between pre-conclusion and post-conclusion voluntary departure.
Pre-conclusion requirements:
Concede removability charges
Make no other application for relief from removal
Demonstrate good moral character (in some cases)
Have not been convicted of an aggravated felony
Not be a security or terrorism concern
Post-conclusion requirements:
Continuously physically present in the U.S. for at least one year before NTA service
Demonstrate good moral character for five years preceding the application
Have not been convicted of an aggravated felony or other disqualifying crime
Not be a security risk or persecutor of others
Establish ability to depart at own expense
Have valid travel documents
What Disqualifies You from Voluntary Departure?
Several factors bar voluntary departure eligibility:
Aggravated felony convictions: Any aggravated felony conviction disqualifies both types of voluntary departure.
Specific criminal grounds: Convictions for terrorism, persecution of others, or particularly serious crimes generally disqualify applicants.
Prior immigration violations: Multiple removals or fraud findings can affect eligibility.
Failure to comply with prior voluntary departure: If you previously received voluntary departure and failed to depart, you are disqualified from receiving it again.
How Do You Apply for Voluntary Departure?
Voluntary departure is requested in immigration court, not through USCIS. The immigration judge grants or denies the request as a matter of discretion.
Pre-conclusion application: Request voluntary departure at the master calendar hearing. Concede removability charges and indicate you are not seeking other relief.
Post-conclusion application: After completing your individual hearing on other relief (asylum, cancellation, etc.), if those forms of relief are denied, request voluntary departure as alternative relief.
The judge evaluates discretionary factors including immigration history, ties to the U.S., reasons for unauthorized presence, and any positive factors before granting voluntary departure.
What Documents and Evidence Help?
Strong voluntary departure cases include:
Identity documents: Valid passport showing ability to travel.
Travel arrangements: Evidence you can purchase tickets and afford departure.
Good moral character evidence: Tax returns, employment history, community ties.
Family ties evidence: U.S. citizen or permanent resident family members.
Compelling personal circumstances: Factors warranting favorable discretion.
For post-conclusion applications, also provide evidence of one year continuous presence and five years of good moral character.
What Are the Consequences of Voluntary Departure?
Voluntary departure has both benefits and costs compared to removal:
Benefits compared to removal:
No formal removal order on record
Preserves ability to seek admission through normal channels later
Avoids 5-year, 10-year, or 20-year bars triggered by removal
May avoid certain inadmissibility grounds tied to removal
Costs and obligations:
Must depart within specified period (60 or 120 days)
Personal expense for departure
Possible bond requirement
Concession of removability
If you fail to depart timely: Voluntary departure converts to removal order. You become subject to a $1,000 to $5,000 civil penalty and a 10-year bar on most immigration benefits.
Does Voluntary Departure Trigger Reentry Bars?
Voluntary departure itself does not trigger reentry bars. However, your underlying unlawful presence may have triggered bars before you depart.
3-year bar: Applies if you accrued 180 days or more of unlawful presence and depart.
10-year bar: Applies if you accrued one year or more of unlawful presence and depart.
These bars apply regardless of whether your departure was voluntary or through removal. Voluntary departure does not eliminate unlawful presence consequences.
What Happens After Voluntary Departure?
After timely departure, you are no longer in removal proceedings. The voluntary departure order is satisfied, and removal proceedings are terminated.
To return to the United States legally, you must apply for the appropriate visa or immigration benefit. Unlawful presence bars may require waivers or waiting periods before reentry.
Document your timely departure carefully. Keep travel records, departure stamps, and any other evidence. This documentation is essential if questions arise later.
How Do You Prove Timely Departure?
Document your departure with multiple sources:
Immigration records: Departure recorded in CBP or destination country immigration systems.
Travel documents: Boarding passes, departure stamps in your passport, ticket receipts.
Photographs: Photos at the airport showing dates and your presence.
Witness affidavits: Family or friends who witnessed your departure.
Foreign records: Evidence of your arrival in the destination country.
Submit documentation to the immigration court if necessary to confirm compliance.
Voluntary Departure vs. Other Options
Voluntary departure is one of several options for individuals in removal proceedings. Compare it to alternatives:
Option
Outcome
Future Reentry
Voluntary departure
Leave voluntarily
Easier (no removal bar)
Removal order
Forced departure
Harder (5/10/20-year bar)
Cancellation of removal
Become LPR
Stay in U.S.
Asylum
Receive asylum status
Stay in U.S.
Adjustment of status
Become LPR
Stay in U.S.
Voluntary departure is often the best option when relief from removal is unavailable but immediate departure is acceptable.
Should You Pursue Other Relief First?
In many cases, yes. If you may qualify for asylum, cancellation of removal, adjustment of status, or other relief, pursue those options first.
Post-conclusion voluntary departure remains available as alternative relief if other forms fail. This provides a fallback option without giving up affirmative defenses.
Pre-conclusion voluntary departure should be reserved for cases where defense is clearly futile or other strategic reasons make quick departure preferable.
What Are the Two Types of Voluntary Departure?
Two voluntary departure options exist with different requirements and benefits:
Pre-conclusion voluntary departure: Requested before the conclusion of removal proceedings. Available at master calendar hearings. Allows up to 120 days to depart. No bond required. Applicants concede removability but avoid full merits hearings.
Post-conclusion voluntary departure: Requested at the end of removal proceedings, after individual hearings. Allows up to 60 days to depart. Requires posting a bond (typically $500 minimum). Available to those whose cases proceed through full hearings.
The choice between pre-conclusion and post-conclusion depends on case strategy and the strength of available defenses to removal.
When Should You Choose Pre-Conclusion?
Pre-conclusion voluntary departure makes sense when:
You have no strong relief from removal available
You want to leave on your own terms quickly
You need more time before departure (up to 120 days vs 60)
You want to avoid the bond requirement
Your case is unlikely to succeed at merits hearings
Pre-conclusion is essentially conceding the case while securing favorable departure terms. It is a common choice when defense options are limited.
Who Qualifies for Voluntary Departure?
Eligibility requirements differ between pre-conclusion and post-conclusion voluntary departure.
Pre-conclusion requirements:
Concede removability charges
Make no other application for relief from removal
Demonstrate good moral character (in some cases)
Have not been convicted of an aggravated felony
Not be a security or terrorism concern
Post-conclusion requirements:
Continuously physically present in the U.S. for at least one year before NTA service
Demonstrate good moral character for five years preceding the application
Have not been convicted of an aggravated felony or other disqualifying crime
Not be a security risk or persecutor of others
Establish ability to depart at own expense
Have valid travel documents
What Disqualifies You from Voluntary Departure?
Several factors bar voluntary departure eligibility:
Aggravated felony convictions: Any aggravated felony conviction disqualifies both types of voluntary departure.
Specific criminal grounds: Convictions for terrorism, persecution of others, or particularly serious crimes generally disqualify applicants.
Prior immigration violations: Multiple removals or fraud findings can affect eligibility.
Failure to comply with prior voluntary departure: If you previously received voluntary departure and failed to depart, you are disqualified from receiving it again.
How Do You Apply for Voluntary Departure?
Voluntary departure is requested in immigration court, not through USCIS. The immigration judge grants or denies the request as a matter of discretion.
Pre-conclusion application: Request voluntary departure at the master calendar hearing. Concede removability charges and indicate you are not seeking other relief.
Post-conclusion application: After completing your individual hearing on other relief (asylum, cancellation, etc.), if those forms of relief are denied, request voluntary departure as alternative relief.
The judge evaluates discretionary factors including immigration history, ties to the U.S., reasons for unauthorized presence, and any positive factors before granting voluntary departure.
What Documents and Evidence Help?
Strong voluntary departure cases include:
Identity documents: Valid passport showing ability to travel.
Travel arrangements: Evidence you can purchase tickets and afford departure.
Good moral character evidence: Tax returns, employment history, community ties.
Family ties evidence: U.S. citizen or permanent resident family members.
Compelling personal circumstances: Factors warranting favorable discretion.
For post-conclusion applications, also provide evidence of one year continuous presence and five years of good moral character.
What Are the Consequences of Voluntary Departure?
Voluntary departure has both benefits and costs compared to removal:
Benefits compared to removal:
No formal removal order on record
Preserves ability to seek admission through normal channels later
Avoids 5-year, 10-year, or 20-year bars triggered by removal
May avoid certain inadmissibility grounds tied to removal
Costs and obligations:
Must depart within specified period (60 or 120 days)
Personal expense for departure
Possible bond requirement
Concession of removability
If you fail to depart timely: Voluntary departure converts to removal order. You become subject to a $1,000 to $5,000 civil penalty and a 10-year bar on most immigration benefits.
Does Voluntary Departure Trigger Reentry Bars?
Voluntary departure itself does not trigger reentry bars. However, your underlying unlawful presence may have triggered bars before you depart.
3-year bar: Applies if you accrued 180 days or more of unlawful presence and depart.
10-year bar: Applies if you accrued one year or more of unlawful presence and depart.
These bars apply regardless of whether your departure was voluntary or through removal. Voluntary departure does not eliminate unlawful presence consequences.
What Happens After Voluntary Departure?
After timely departure, you are no longer in removal proceedings. The voluntary departure order is satisfied, and removal proceedings are terminated.
To return to the United States legally, you must apply for the appropriate visa or immigration benefit. Unlawful presence bars may require waivers or waiting periods before reentry.
Document your timely departure carefully. Keep travel records, departure stamps, and any other evidence. This documentation is essential if questions arise later.
How Do You Prove Timely Departure?
Document your departure with multiple sources:
Immigration records: Departure recorded in CBP or destination country immigration systems.
Travel documents: Boarding passes, departure stamps in your passport, ticket receipts.
Photographs: Photos at the airport showing dates and your presence.
Witness affidavits: Family or friends who witnessed your departure.
Foreign records: Evidence of your arrival in the destination country.
Submit documentation to the immigration court if necessary to confirm compliance.
Voluntary Departure vs. Other Options
Voluntary departure is one of several options for individuals in removal proceedings. Compare it to alternatives:
Option
Outcome
Future Reentry
Voluntary departure
Leave voluntarily
Easier (no removal bar)
Removal order
Forced departure
Harder (5/10/20-year bar)
Cancellation of removal
Become LPR
Stay in U.S.
Asylum
Receive asylum status
Stay in U.S.
Adjustment of status
Become LPR
Stay in U.S.
Voluntary departure is often the best option when relief from removal is unavailable but immediate departure is acceptable.
Should You Pursue Other Relief First?
In many cases, yes. If you may qualify for asylum, cancellation of removal, adjustment of status, or other relief, pursue those options first.
Post-conclusion voluntary departure remains available as alternative relief if other forms fail. This provides a fallback option without giving up affirmative defenses.
Pre-conclusion voluntary departure should be reserved for cases where defense is clearly futile or other strategic reasons make quick departure preferable.
Frequently Asked Questions
Can I work while waiting to depart under voluntary departure?
Can I work while waiting to depart under voluntary departure?
What if I cannot afford to depart?
What if I cannot afford to depart?
Can my family stay if I take voluntary departure?
Can my family stay if I take voluntary departure?
Is voluntary departure recorded in my immigration record?
Is voluntary departure recorded in my immigration record?
