Voluntary departure is a form of relief available in immigration proceedings that allows certain
noncitizens to leave the United States on their own accord within a specified period of time,
rather than being formally removed (deported) by the government. While it may appear
straightforward, voluntary departure carries significant legal and practical consequences that
should be carefully considered.
What Is Voluntary Departure?
Voluntary departure is a discretionary form of relief authorized under the Immigration and
Nationality Act. It allows a respondent in proceedings before the Immigration Court
(administered by the Executive Office for Immigration Review (EOIR)) to depart the United
States at their own expense within a set time frame.
Unlike a removal order, voluntary departure does not carry a formal deportation designation.
However, it is not without consequences if not properly executed.
There are generally two types:
Pre-hearing voluntary departure (before or at the master calendar stage)
Post-hearing voluntary departure (granted at the conclusion of proceedings)
Each has different eligibility requirements and time limits.
Pros of Voluntary Departure
1. Avoids a Formal Removal Order
One of the most significant benefits is that it allows an individual to avoid a removal order on
their immigration record. This can matter for future immigration benefits or admissibility
determinations.
2. Greater Flexibility for Future Immigration Options
In some cases, avoiding a removal order may preserve eligibility for future immigration relief
that could otherwise be barred or complicated by a deportation order.
3. Potentially Less Severe Bars than Removal
While voluntary departure still carries consequences, it may avoid certain longer-term
inadmissibility triggers associated with removal orders.
4. Controlled Departure Timeline
The individual is given a specific timeframe to depart, allowing time to arrange personal affairs,
travel, and logistics in an orderly manner.
Cons of Voluntary Departure
1. Strict Departure Deadline
Failure to depart within the voluntary departure period automatically converts the order into a
removal order, along with additional penalties. This is one of the most serious risks.
2. Financial and Bond Requirements
In many cases, especially post-hearing voluntary departure, the individual must post a voluntary
departure bond and demonstrate ability to depart.
3. Waiver of Other Relief
Acceptance of voluntary departure typically requires the respondent to waive other forms of
relief from removal. This can permanently foreclose certain legal options.
4. Bars for Failure to Depart
If the individual does not leave within the required time, they may face:
Civil penalties
A 10-year bar on certain forms of relief (including cancellation of removal, adjustment of
status, and voluntary departure in the future)
When Voluntary Departure May Be Considered
Voluntary departure is often considered in cases where:
The individual does not have strong eligibility for other forms of relief
The case has limited legal defenses
The individual wishes to avoid a removal order on their record
There is a clear plan to depart and comply within the timeframe
However, it is rarely a “default” option and should be evaluated in the context of all available
relief.
Key Takeaway
Voluntary departure is neither purely beneficial nor purely harmful—it is a strategic option with
significant tradeoffs. While it can help avoid the stigma and consequences of a removal order, it
also requires strict compliance and may limit future legal opportunities.
Because of the consequences tied to timing and eligibility, individuals should carefully assess
voluntary departure in consultation with qualified counsel before accepting it in Immigration
Court proceedings.
