Voluntary departure is a form of immigration relief under Section 240B of the Immigration and Nationality Act that lets a noncitizen leave the United States at their own expense instead of being formally removed by the government. The main appeal is avoiding a removal order, which can block reentry for 10 or 20 years, or permanently in aggravated felony cases. The catch is that the deadlines are strict, the penalties for missing them are steep, and some immigration consequences follow you out of the country regardless.
What You Gain by Leaving Voluntarily
The single biggest benefit is that no removal order is entered against you. Federal law imposes inadmissibility bars tied specifically to removal orders: 10 years for a first removal, 20 years after a second, and a permanent bar for anyone removed after an aggravated felony conviction. Voluntary departure sidesteps those bars because the order never issues. The Department of Justice’s own self-help guide notes that someone who takes voluntary departure “may be able to return to the U.S. much sooner” than someone who is deported.1U.S. Department of Justice. Self-Help Guide: Information on Voluntary Departure
It is not a clean slate, though. A separate set of bars, tied to unlawful presence rather than to removal orders, can still apply. More on that below.
Who Cannot Get Voluntary Departure at All
Two groups are categorically ineligible. Anyone deportable for an aggravated felony conviction is barred by statute.2Office of the Law Revision Counsel. 8 USC 1227 – Deportable Aliens Anyone deportable on terrorism-related grounds is also barred.3Office of the Law Revision Counsel. 8 USC 1229c – Voluntary Departure In either case, an immigration judge has no discretion to grant the request, regardless of how sympathetic the rest of the case is.
Asking Early: Pre-Conclusion Voluntary Departure
You can request voluntary departure before your removal hearing concludes, and the substantive eligibility bar is relatively low. There is no minimum period of physical presence and no good-moral-character requirement at this stage. The regulations do, however, require three concessions: you must admit that you are removable, withdraw any pending applications for other relief such as asylum or cancellation of removal, and waive your right to appeal.4eCFR. 8 CFR 1240.26 – Voluntary Departure Authority of the Executive Office for Immigration Review
In other words, you give up the fight in exchange for a cleaner exit. If granted, a pre-conclusion order allows up to 120 days to leave. Any bond is at the judge’s discretion rather than mandatory.
Asking Late: Post-Conclusion Voluntary Departure
If you wait until after a full hearing, the statute imposes four requirements, all of which you must prove by clear and convincing evidence:3Office of the Law Revision Counsel. 8 USC 1229c – Voluntary Departure
- Physical presence in the United States for at least one year immediately before DHS served your Notice to Appear.
- Good moral character for at least five years leading up to your application.
- No aggravated felony or terrorism ground of deportability.
- The financial means to buy your own ticket and a genuine intent to leave by the deadline.
Good moral character is where post-conclusion applications get the most scrutiny. Federal tax returns showing compliance, a clean criminal record, and statements from employers, community members, or religious leaders can all help. The five-year window is measured backward from the date you apply, so recent conduct weighs most heavily.
A post-conclusion grant maxes out at 60 days, half of what pre-conclusion allows. The judge can set a shorter deadline.
Documents to Have Ready
You need a valid passport or equivalent travel document, and the regulations require you to present it to DHS for inspection and photocopying.4eCFR. 8 CFR 1240.26 – Voluntary Departure Authority of the Executive Office for Immigration Review If yours is expired or lost, start the consular replacement process immediately. In pre-conclusion cases, the judge can grant up to 120 days total but require you to present the document to DHS within 60 days. DHS may extend that 60-day window, but there is no guarantee.
You will also need financial proof: bank statements, pay stubs, or sworn statements from family members willing to fund the trip. At the post-conclusion stage, remember that the standard is clear and convincing evidence, which is higher than simply showing a balance in an account.
The Bond and Its Five-Day Deadline
For post-conclusion grants, the judge sets a bond during the hearing. The minimum is $500, and the judge can set it higher.4eCFR. 8 CFR 1240.26 – Voluntary Departure Authority of the Executive Office for Immigration Review You must post it with the ICE Field Office Director within five business days of the judge’s order. ICE can hold you in custody until it is posted.
Missing the five-day window does not extend your departure deadline or shield you from overstay penalties. And because a post-conclusion applicant has typically waived appeal, failure to post the bond causes the alternate order of removal to take effect immediately.4eCFR. 8 CFR 1240.26 – Voluntary Departure Authority of the Executive Office for Immigration Review Treat five days as non-negotiable.
How the Grant Works in Practice
There is no special form to file. You ask the immigration judge directly, either through counsel or on your own.1U.S. Department of Justice. Self-Help Guide: Information on Voluntary Departure When the judge grants the request, two orders issue at the same time: the voluntary departure order with its deadline, and an alternate order of removal that sits dormant.4eCFR. 8 CFR 1240.26 – Voluntary Departure Authority of the Executive Office for Immigration Review Miss the deadline, skip the bond, or file certain motions, and the alternate order activates automatically. That mechanism is what makes voluntary departure enforceable.
Once you leave, you need to document your departure so the government records it as voluntary. That typically involves presenting Form G-146 at a U.S. consulate abroad. Keep a copy of your voluntary departure order. Without proof that you left on time, you can face the same penalties as someone who never left at all.
The Motion to Reopen Trap
If you file a motion to reopen or reconsider your case during the voluntary departure period, your grant terminates automatically and the alternate order of removal takes effect the moment the motion is filed.4eCFR. 8 CFR 1240.26 – Voluntary Departure Authority of the Executive Office for Immigration Review There is no grace period, and you cannot withdraw the motion to undo the effect.
The narrow consolation is that the civil overstay penalties do not apply when the reason you stayed was filing such a motion. But the removal order is now active, which is exactly the outcome voluntary departure was supposed to prevent. Talk to an attorney before filing anything during the departure window.
What Happens if You Do Not Leave on Time
If you simply overstay the departure period, the consequences compound quickly. The statute imposes a civil fine of $1,000 to $5,000.3Office of the Law Revision Counsel. 8 USC 1229c – Voluntary Departure For 10 years, you become ineligible for:
- Voluntary departure again
- Cancellation of removal
- Adjustment of status
- Change of nonimmigrant classification
- Registry
That 10-year lockout wipes out most of the paths a person might otherwise use to legalize status later. On top of it, the alternate order of removal takes effect, putting you in the same position as someone who was formally ordered removed, with all the reentry bars that come with it.
Unlawful Presence Bars Still Apply
A common misconception is that voluntary departure resets everything. It does not. If you accrued more than 180 days but less than one year of unlawful presence before leaving, you face a three-year inadmissibility bar. If you accrued one year or more, the bar is 10 years, and USCIS is explicit that this applies “whether you leave before, during, or after DHS-initiated removal proceedings.”5U.S. Citizenship and Immigration Services. Unlawful Presence and Inadmissibility
Voluntary departure protects you from the removal-order bars. The unlawful-presence bars live in a different provision of the INA and operate independently. Anyone planning to apply for a visa later should factor both sets of bars into the timeline, and check whether a waiver is available.
Getting Your Bond Back
If you posted a bond and left on time, you are entitled to a refund with any accrued interest. The process begins when ICE sends Form I-391, the notice that the bond has been cancelled, to the address on the bond contract. Mail that notice with your original Form I-305 receipt to the DHS Debt Management Center in Williston, Vermont. If you lost the receipt, submit a notarized Form I-395 in its place. Processing generally takes about four weeks. If ICE never sends the I-391, follow up with the ICE Field Office where the bond was posted, since the refund cannot begin without it.