Voluntary Departure: Leaving on Your Own Terms — and Its Risks

When someone is facing removal but has no strong defense, one option can still make a real difference: voluntary departure. Instead of receiving a formal removal order, the person is allowed to leave the United States on their own within a set time. It can carry meaningful benefits — but it also comes with strict deadlines and severe penalties if the person does not actually leave on time. This guide explains, in plain English, how it works and where the traps are.

This is general information, not legal advice. The rules below come directly from 8 U.S.C. § 1229c — the section of the Immigration and Nationality Act (INA § 240B) that governs voluntary departure — as published in the U.S. Code by the Office of the Law Revision Counsel. Whether any of it applies to a specific case is a legal judgment that depends on the facts.

What voluntary departure is

Voluntary departure allows a person to depart the United States at their own expense, within an authorized period, in lieu of being ordered removed. The person agrees to leave, and in exchange avoids a formal order of removal.

The statute provides for it at two different stages: early in the case (in lieu of, or before completing, removal proceedings) and at the conclusion of proceedings. Each stage has different requirements and different time limits.

The two time periods

The deadline is central to voluntary departure, and the statute sets firm limits:

• Granted early — voluntary departure granted before or in lieu of completing proceedings cannot exceed 120 days.
• Granted at the conclusion of proceedings — the period cannot exceed 60 days.

These are maximums, and a judge may grant less. The person must depart within the granted period. The statute also generally requires the person to post a voluntary departure bond (in cases granted at the conclusion) to ensure they actually leave.

What must be shown

Voluntary departure is not automatic. Depending on the stage, the statute requires various things — and at the conclusion of proceedings it is more demanding. For voluntary departure at the conclusion, the requirements generally include that the person:

• has been physically present for a required period;
• has been a person of good moral character for at least the 5 years immediately before applying;
• is not deportable on certain serious grounds (such as an aggravated felony or security grounds); and
• has established, by clear and convincing evidence, the means and intention to depart.

Because the "at conclusion" version requires good moral character and other showings, eligibility is a real question, not a formality.

Why people choose it

Despite its risks, voluntary departure can be valuable. Avoiding a formal removal order can matter, because a removal order carries its own consequences — including bars on returning. Leaving voluntarily, on a set timeline and at one's own expense, can preserve more options for the future than a removal order does. For a person without a winning defense, it can be the most sensible path.

The serious penalties for not leaving

Here is the most important warning. If a person is granted voluntary departure and then fails to depart within the time allowed, the statute imposes harsh penalties. Under § 1229c(d), a person who does not leave on time:

• shall be subject to a civil penalty of not less than $1,000 and not more than $5,000; and
• shall be ineligible, for a period of 10 years, to receive several major forms of relief — including cancellation of removal, adjustment of status, and others.

This is why voluntary departure must be taken seriously: the benefit depends entirely on actually leaving on time. A person who accepts voluntary departure and then stays can end up far worse off — with a penalty and a decade-long bar to relief — than if they had never requested it. (The statute includes certain protections connected to VAWA.)

Why the decision requires careful judgment

Voluntary departure is a genuine strategic choice: it can preserve future options by avoiding a removal order, but only if the person can and will leave within a strict deadline, and only if they qualify. Weighing whether it is the right move — and making sure the departure actually happens on time — is exactly the kind of decision that calls for careful legal advice.

Talk to a lawyer about your options

If you are in removal proceedings and considering voluntary departure, whether it is the right choice — and whether you qualify — depends on your specific situation and any available defenses. Carlos Maury Law is a national firm of former U.S. Immigration Judges. To talk about your situation, call (213) 769-0050. We speak Spanish.

Frequently Asked Questions

What is voluntary departure?

Under 8 U.S.C. § 1229c, voluntary departure allows a person to leave the United States at their own expense within an authorized period instead of receiving a formal order of removal. It can be granted early in a case or at the conclusion of proceedings.

How long do I have to leave under voluntary departure?

The statute sets maximums: up to 120 days if granted early in the case, and up to 60 days if granted at the conclusion of proceedings. A judge may grant less, and the person must depart within the period granted.

What happens if I don't leave on time?

The penalties are serious. Under 8 U.S.C. § 1229c(d), failing to depart on time generally results in a civil penalty of $1,000 to $5,000 and a 10-year bar to several major forms of relief, including cancellation of removal and adjustment of status.

Why choose voluntary departure over a removal order?

Avoiding a formal removal order can preserve more future options, since a removal order carries its own consequences and bars on returning. But the benefit depends entirely on actually leaving within the deadline, so it must be weighed carefully.

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This article is general information only and is not legal advice. Reading it does not create an attorney–client relationship. Immigration law is complex and fact-specific; consult a qualified immigration attorney about your situation. Prior results do not guarantee a similar outcome. Attorney advertising.