Voluntary Departure
Date of Information: 06/06/2025
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American country music singer Kenny Rogers said it best: “You’ve got to know when to hold ’em, know when to fold ’em, know when to walk away, and know when to run.”
For many immigrants facing removal proceedings, voluntary departure is that moment to 'walk away'—a chance to leave the United States on your own terms, preserve your dignity, and protect your ability to return lawfully one day. It’s not an easy choice, but sometimes it’s the smartest move when the odds are stacked against you.
The fact is that many prospective immigrants simply do not have a lawful path to remaining in the United States. Whether due to prior immigration violations, ineligibility for asylum or family-based relief, or the absence of a qualifying visa category, the legal system often leaves people with no viable options. These aspects of American immigration law are—unfortunately—a feature rather than a bug. The system is designed to be narrow and exclusionary, offering relief to only a small subset of people while denying many others even the chance to make their case. It prioritizes rigid categories over individual circumstances, and discretion is often limited by statute, regulation, or policy.
Voluntary departure, while imperfect, exists as one of the few off-ramps that can minimize harm when no lawful path forward remains. It offers a measure of control and a cleaner immigration record—providing a way to leave without a formal removal order and potentially return in the future under better circumstances. Choosing to depart voluntarily may feel like defeat in the short term, but it can be a strategic retreat that protects long-term goals.
What is Voluntary Departure
Voluntary Departure is a form of relief from removal that allows a noncitizen to leave the United States on their own, rather than being forcibly deported by immigration authorities. Instead of receiving a formal removal order, individuals who are granted voluntary departure agree to leave the U.S. within a specified time frame at their own expense. Doing so may help protect their ability to return to the U.S. legally in the future by avoiding the secondary consequences that come with the entry of a deportation order.
When to Consider Voluntary Departure
Voluntary departure might be a good option if:
You are not eligible for other relief (like asylum or cancellation of removal).
You want to avoid a formal removal order and keep future immigration options open.
You have family or employment-based pathways that could eventually support your return.
How the Process Works
There are two main types of voluntary departure:
1. Pre-Conclusion Voluntary Departure
When: Before the immigration judge issues a final decision.
Who grants it: Either DHS or the judge.
Requirements:
You must request it prior to your Master Calendar Hearing.
You must admit removability.
You must waive other forms of relief.
Deadline to depart: Up to 120 days.
2. Post-Conclusion Voluntary Departure
When: After the judge has found you removable.
Who grants it: Immigration judge only.
Requirements:
Physical presence for at least one year prior to the Notice to Appear.
Good moral character for five years.
Must post a bond.
Must have the means and intent to depart.
Deadline to depart: Up to 60 days.
Benefits of Voluntary Departure
No Removal Order: Avoids a formal deportation record, which would otherwise trigger harsh reentry bars.
Faster Return Options: May make it easier to obtain a visa or waiver in the future.
Maintains Dignity: You leave the country on your own terms rather than in ICE custody.
Reduced Penalties: Leaving voluntarily may avoid the 10-year ban on reentry that follows a deportation order.
Less Immigration Consequence for Future Relief: Some forms of relief (like consular processing or waivers) may be more accessible.
Risks and Disadvantages
Strict Deadlines: If you do not leave by the set date, you are automatically subject to a removal order and a 10-year bar on relief.
No Right to Appeal: Accepting voluntary departure waives your right to challenge the judge's decision.
No Government Assistance: You must pay your own way out of the U.S.
Limited Use: Not available to everyone—especially those with criminal convictions or prior removal orders.
Legal Authority
In general, voluntary departure is authorized under sections 240B(a) and 240B(b) of the Immigration and Nationality Act (INA) (8 U.S.C. § 1229c(a), (b)). These provisions allow immigration judges or the Department of Homeland Security (DHS) to grant a departure either before or after removal proceedings have concluded. In turn, the Department of Homeland Security (DHS) and the Executive Office for Immigration Review, through the U.S. Department of Justice, have issued regulations outlining their interpretation of the statute and more detailed procedures.
8 C.F.R. § 1240.26 covers the authority of the immigration courts to grant voluntary departure.
8 C.F.R. § 240.25 addresses voluntary departure granted by DHS before removal proceedings begin.
Considering Voluntary Departure?
Voluntary departure can offer a strategic way to leave the U.S. without the long-term consequences of a removal order—but it’s not right for everyone. Before making this decision, it’s important to weigh the benefits, risks, and eligibility requirements carefully. This option may protect your ability to return legally in the future, but it comes with strict deadlines and serious consequences if not followed exactly. If you're unsure whether voluntary departure is the right step, consult with an immigration attorney to explore your options and protect your future.
Our team is here to help. Contact us today to schedule a confidential consultation if you are considering voluntary departure or facing removal proceedings.
Other Helpful Resources:
See Also:
CIL Guide to the Circumvention of Lawful Pathways Rule
