Voluntary Departure
Date of Information: 09/16/2025
Please check back soon; we update these materials often.
“You’ve got to know when to hold ’em, know when to fold ’em, know when to walk away, and know when to run.”
Introduction
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.
Recent Enforcement Trends and Updates (as of September 2025)
Increased Use of Stipulated Removal by ICE
In recent months, some Immigration and Customs Enforcement (ICE) field offices have begun encouraging stipulated removal orders as a way to expedite case processing. These are not the same as voluntary departure. A stipulated removal order:
Results in a formal removal order on your record.
Triggers a 10-year reentry bar (or longer, depending on past history).
Cannot be appealed once signed.
May be presented as a “quick fix” or “shortcut” by officers—but it comes with serious consequences.
⚠️ Caution: Unlike voluntary departure, a stipulated removal can severely limit your options to return legally in the future. Always consult an attorney before signing anything.
NTA Delays and the “Procedural Limbo” Problem
Another common issue in 2025 is the mishandling or delay of Notices to Appear (NTAs)—the charging documents that initiate immigration court proceedings.
In some cases:
Individuals receive NTAs but DHS fails to file them with the court.
As a result, cases are not officially “docketed,” which delays or prevents applications for voluntary departure.
This procedural limbo can make it harder to access legal relief in a timely way.
If you're unsure whether your case has been properly filed with immigration court, contact an experienced immigration attorney who can verify your court status and preserve your options for relief, including voluntary departure.
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.
Frequently Asked Questions About Voluntary Departure
1. What is voluntary departure in immigration court?
Voluntary departure is a form of relief that allows a noncitizen to leave the United States on their own, at their own expense, without receiving a formal removal order. It can help preserve eligibility for future immigration benefits.
2. What’s the difference between voluntary departure and deportation?
Deportation (or formal removal) comes with a removal order and typically a 10-year bar on reentry. Voluntary departure avoids a removal order, which may make it easier to return legally in the future.
3. How long do I have to leave under voluntary departure?
If granted before proceedings are concluded, you may receive up to 120 days. If granted after proceedings, the maximum is 60 days. You must leave within the time ordered or face serious penalties.
4. Do I need a lawyer to ask for voluntary departure?
You are not required to have a lawyer, but immigration law is complex. An attorney can advise you whether voluntary departure is your best option and help ensure you meet all requirements and deadlines.
5. Can I come back to the U.S. after voluntary departure?
Yes, if you leave on time and meet other immigration requirements in the future, you may be eligible to return with a valid visa or waiver. Unlike deportation, voluntary departure doesn’t automatically trigger a long-term bar.
6. Does voluntary departure affect my ability to get a green card later?
It can, depending on your circumstances. If you have unlawful presence or prior immigration violations, you may still need a waiver to return—but voluntary departure avoids the additional bar created by a removal order.
7. What happens if I don’t leave by the voluntary departure deadline?
Failing to leave on time automatically converts your case into a removal order and makes you ineligible for several types of relief for 10 years. You may also be fined and placed on ICE’s removal priority list.
8. Is voluntary departure the same as stipulated removal?
No. Stipulated removal is a fast-track removal order with serious consequences. Voluntary departure allows you to leave without a formal removal order. Always speak to an attorney before agreeing to either.
9. Can ICE officers grant voluntary departure?
Yes, but only before removal proceedings begin. After your case is filed in immigration court, only an immigration judge can grant voluntary departure under different legal standards.
10. How do I request voluntary departure in court?
You must request it from the immigration judge and meet specific requirements. Timing matters—pre-conclusion requests must be made early and waive other forms of relief. Post-conclusion requests require physical presence, good moral character, and a bond.
Other Helpful Resources:
See Also:
CIL Guide to the Circumvention of Lawful Pathways Rule
