Removal orders and voluntary departure

Deportation vs. voluntary departure

A removal order and voluntary departure both mean leaving the United States, but the consequences differ a great deal. Here is what each one is, the conditions for voluntary departure before and at the end of a case, what happens if you do not leave on time, and why to get advice before agreeing to either.

Reviewed by Carlos Maury, former U.S. Immigration Judge. Last reviewed: October 6, 2026.

What a removal order is and what it costs

In removal proceedings an immigration judge decides whether a person may stay in the United States. When the judge finds the person removable and grants no relief, the result is an order of removal, what most people call a deportation order. Once the order is final, the government can carry it out. Under 8 CFR 1241.1, an order becomes final when, for example, the Board of Immigration Appeals dismisses an appeal, the person waives appeal, or the time to appeal runs out.

The order does not end when the person leaves. Its main consequences are written into the statute:

A bar on returning. Under INA 212(a)(9)(A)(ii), a person ordered removed in court, or who departed while a removal order was outstanding, is inadmissible for 10 years from the date of departure or removal, 20 years in the case of a second or subsequent removal, and at any time if convicted of an aggravated felony. People removed after proceedings that began on arrival face a 5-year bar under 212(a)(9)(A)(i). Leaving on your own while an order is outstanding still counts.
Permission to reapply. The bar can be lifted only with the government's consent to reapply for admission (212(a)(9)(A)(iii)). USCIS's Form I-212, Application for Permission to Reapply for Admission into the United States After Deportation or Removal is the form used to ask for that consent.
A harsher bar for coming back without permission. A person who was ordered removed and then enters or tries to enter without being admitted is inadmissible under 212(a)(9)(C). That bar has no fixed end: apart from a narrow waiver for VAWA self-petitioners, it can be lifted only after the person has been outside the United States for more than 10 years since the last departure and has received consent to reapply.
A federal crime. Under 8 USC 1326, entering, attempting to enter or being found in the United States after removal, without the required consent, is punishable by up to 2 years in prison, and by up to 10 or 20 years for people removed after certain convictions.

Our guide to inadmissibility and waivers covers these grounds in more detail.

What voluntary departure is

Voluntary departure, under INA 240B (8 USC 1229c), lets a person leave the United States at their own expense by a set date instead of being removed. The statute describes the grant at the end of proceedings as being "in lieu of removal." There are two kinds before an immigration judge: one requested before the case is completed and one granted at the end. Whenever a judge grants either kind, the judge must also enter an alternate order of removal (8 CFR 1240.26(d)). That alternate order is what takes effect if the conditions are not met.

Removal order vs. the two kinds of voluntary departure before a judge
Point	Removal order	Voluntary departure before the end (240B(a))	Voluntary departure at the end (240B(b))
Time to leave	None set; the government carries out the order	Up to 120 days	Up to 60 days
Main conditions	Not applicable	Request made early, other relief withdrawn, removability conceded, appeal waived, no aggravated felony conviction, not deportable on security or terrorism grounds	1 year of physical presence before the Notice to Appear, 5 years of good moral character, no aggravated felony, not deportable on security or terrorism grounds, clear and convincing evidence of means and intent to depart
Bond	Not applicable	The judge may require one	Required: at least $500, posted with ICE within 5 business days
Appeal	Can be appealed to the Board of Immigration Appeals	Appeal of all issues is waived	An appeal is possible; proof of the bond is due within 30 days of filing it
Bar on returning (212(a)(9)(A))	10 years generally; 20 for a second removal; at any time after an aggravated felony	Does not apply to a timely departure, but the unlawful-presence bars of 212(a)(9)(B) still can
If the person does not leave on time	Not applicable	The alternate removal order takes effect; civil penalty of $1,000 to $5,000; 10 years without several forms of relief

Voluntary departure before the case is completed

Under INA 240B(a) and 8 CFR 1240.26(b), a judge may grant voluntary departure before the case is completed only if the person:

asks for it before or at the master calendar hearing where the case is first set for a merits hearing;
makes no other request for relief, or withdraws any made;
concedes removability;
waives appeal of all issues; and
has not been convicted of an aggravated felony and is not deportable under the security and terrorism grounds of INA 237(a)(4).

The judge may not grant it more than 30 days after that master calendar hearing unless the DHS attorney agrees (stipulates), which DHS may do at any time before the case is completed. The period to leave can be up to 120 days. The judge may set conditions, including a bond, and the person generally must show DHS a passport or other travel document. People who are arriving in the United States when their proceedings begin cannot receive this kind of voluntary departure (240B(a)(4)).

Voluntary departure at the end of the case

Under INA 240B(b) and 8 CFR 1240.26(c), the judge may grant voluntary departure at the conclusion of proceedings only after finding that the person:

has been physically present in the United States for at least one year before the Notice to Appear was served;
is, and has been, a person of good moral character for at least five years before applying;
has not been convicted of an aggravated felony and is not deportable under INA 237(a)(4); and
has shown by clear and convincing evidence the means to depart and the intention to do so, which includes presenting a passport or other travel document.

The period can be up to 60 days. A voluntary departure bond of at least $500 is mandatory and must be posted with the ICE Field Office Director within 5 business days of the judge's order. Before granting it, the judge must explain the bond amount and conditions, and the person may decline the grant if unwilling to accept them. If the bond is not posted on time, the alternate removal order can become final (8 CFR 1241.1(f)), and the duty to leave by the deadline does not go away. A person who appeals to the Board must submit proof of the posted bond within 30 days of filing the appeal, or the Board will not reinstate the period to depart.

The total time, including any extension, can never exceed 120 or 60 days. Only DHS officials, not the judge, can extend the time to depart (8 CFR 1240.26(f)).

If you do not leave on time, or file a motion or petition

Under INA 240B(d), a person granted voluntary departure who voluntarily fails to leave within the period:

is subject to a civil penalty of $1,000 to $5,000; the regulation presumes $3,000 unless the judge or the Board sets a different amount when granting voluntary departure (8 CFR 1240.26(l));
becomes ineligible for 10 years for further voluntary departure, cancellation of removal, adjustment of status, change of status and registry; and
faces the alternate order of removal, which becomes final upon the overstay (8 CFR 1241.1(f)).

The statute makes a limited exception to the 10-year bar for some VAWA-based cases where battery or extreme cruelty was at least one central reason for the overstay.

Filing papers to challenge the decision also affects the grant, exactly as the regulation provides:

Motion to reopen or reconsider. Filing one during the voluntary departure period automatically ends the grant, and the alternate order of removal takes effect immediately. The 240B(d) penalties do not apply in that case (8 CFR 1240.26(b)(3)(iii), (e)(1)). A motion filed after the period has already run out does not change it.
Petition for review in federal court. Filing one before leaving also automatically ends the grant and puts the alternate order into effect. The 240B(d) penalties do not apply to a person who files the petition and remains while it is pending, and a person granted voluntary departure at the end of the case who leaves within 30 days of filing, and gives DHS the required proof, is not treated as having departed under a removal order (8 CFR 1240.26(i)).

Because these rules interact with deadlines for immigration appeals and with requests for a stay of removal, the order in which papers are filed matters.

Leaving under voluntary departure can still trigger a bar

Voluntary departure avoids the 212(a)(9)(A) bar that follows a removal order, but it does not erase time already spent in the country unlawfully. Under INA 212(a)(9)(B)(i)(II), a person who was unlawfully present for one year or more is inadmissible for 10 years after departing, however the departure happens. The 3-year bar in 212(a)(9)(B)(i)(I) covers more than 180 days but less than a year of unlawful presence, and the statute applies it to people who departed before proceedings began. Time under age 18 does not count, and there are other exceptions. A waiver exists for the spouse, son or daughter of a U.S. citizen or permanent resident who shows extreme hardship to that relative (212(a)(9)(B)(v)); see our immigration waiver lawyer page.

Get advice before agreeing to either

Asking for voluntary departure before the case is completed means giving up other requests for relief and the right to appeal. Someone who may qualify for asylum, cancellation of removal, adjustment of status or another form of relief should understand what they would be giving up first. Whether someone qualifies depends on the facts of their case.

What people call "voluntary return," agreed to with an officer at the border or after an ICE arrest, is not the same as voluntary departure granted by a judge. Under 8 CFR 240.25, authorized DHS officers may grant voluntary departure instead of starting court proceedings, with conditions such as detention until departure, and no appeal lies from a denial. A person who receives voluntary departure from DHS and fails to leave on time is barred for 10 years from the same forms of relief (8 CFR 1240.26(a)). Before signing any paper, ask what it is, in a language you understand.

Our deportation defense lawyer page explains how we help people in immigration court weigh these options.

Frequently asked questions

Is voluntary departure better than a deportation order?

It can avoid the 10-year or longer bar on returning that follows a removal order under INA 212(a)(9)(A), but it has strict conditions, may require giving up other relief and the right to appeal, and does not erase the unlawful-presence bars of 212(a)(9)(B). Whether it is the right choice depends on the facts of each case.

How long do I have to leave under voluntary departure?

Up to 120 days if it is granted before the case is completed, and up to 60 days if it is granted at the end of the case. The total, including any extension, cannot exceed those limits.

How much is the voluntary departure bond?

When voluntary departure is granted at the end of the case, the judge sets a bond of at least $500, which must be posted with ICE within 5 business days of the order. Before the end of the case, the judge may require a bond but does not have to.

What happens if I do not leave by the deadline?

Under INA 240B(d), you face a civil penalty of $1,000 to $5,000, you become ineligible for 10 years for further voluntary departure, cancellation of removal, adjustment of status, change of status and registry, and the alternate order of removal becomes final.

Does filing a motion to reopen stop the voluntary departure clock?

No. Under 8 CFR 1240.26, filing a motion to reopen or reconsider during the voluntary departure period automatically ends the grant and puts the alternate removal order into effect; it does not extend the time. The 240B(d) penalties do not apply in that case.

Can I come back after leaving under voluntary departure?

A timely departure under voluntary departure is not a departure under a removal order, so the 212(a)(9)(A) bar does not apply to it. But if you had one year or more of unlawful presence, leaving can trigger the 10-year bar of 212(a)(9)(B), which has a waiver only for certain relatives of U.S. citizens and permanent residents.

Is voluntary return at the border the same as voluntary departure?

No. Voluntary departure granted by an immigration judge follows 8 CFR 1240.26. Return agreed to with an officer at the border or after an ICE arrest falls under DHS authority, such as 8 CFR 240.25, and a denial cannot be appealed. Ask what any paper is before you sign it.

Official sources

More guides: Deportation document checklist · Asylum vs. withholding vs. CAT · Adjustment vs. consular processing · Bond vs. parole · If ICE comes to your door · Los Angeles immigration guide · USCIS processing times · Visa Bulletin · Am I in removal proceedings? · Asylum deadline self-check · Conviction self-check · Immigration FAQ