Voluntary departure is permission from an immigration judge, or in some cases from the Department of Homeland Security (DHS), to leave the United States on your own, at your own expense, by a set deadline, instead of being deported under a removal order.
The legal term for deportation is removal. The choice between the two usually comes up in immigration court, which is run by the Executive Office for Immigration Review (EOIR), part of the Department of Justice.
People often decide within days, sometimes from detention. Some sign a deportation order to get out faster; others accept voluntary departure believing it shortens the wait to come back. The law is more nuanced than either belief, and the outcome depends on each person’s immigration history.
What Is the Difference Between Voluntary Departure and a Deportation Order?
With a removal order, the government sends you out of the country. With voluntary departure, you leave on your own, pay your own way, and meet the judge’s deadline, so no removal order is carried out against you.
Voluntary departure is governed by Section 240B of the Immigration and Nationality Act (INA § 240B, 8 U.S.C. § 1229c) and by 8 CFR § 1240.26. There are two versions: one requested before the case ends, and one granted at the end.
Every grant comes with an alternate order of removal, which takes effect if you break the conditions or miss the deadline. Many later problems trace back to that backup order.
Most cases start with Form I-862, Notice to Appear (NTA), the charging document DHS uses to allege that a person is removable. Once the NTA is served, the case is formally in removal proceedings.
Voluntary Departure Before the Case Ends: Up to 120 Days
The pre-conclusion version lets the judge give you up to 120 days to leave, under INA § 240B(a)(2). It has fewer requirements, but you give up almost everything else you could ask for in court.
Under 8 CFR § 1240.26(b), you must:
- ask for it before or at the master calendar hearing where the case is first set for a merits hearing;
- make no other requests for relief, or withdraw them;
- concede that you are removable;
- waive appeal of all issues;
- have no conviction for an aggravated felony and not be deportable on terrorism or security grounds.
Choosing this version generally means giving up the defense of your case. If you had a possible path such as cancellation of removal or asylum, withdrawing it means no judge will decide it.
The judge may require a departure bond and may require you to hand your passport to DHS. If you don’t have a travel document yet, the judge can grant the time on the condition that you get one within 60 days.
This version is not available to an “arriving alien” whose case began at the moment of arrival, under INA § 240B(a)(4).
Voluntary Departure at the End of the Case: 60 Days and Stricter Rules
After deciding the case, the judge may grant this option instead of a removal order, with a maximum of 60 days to leave, under INA § 240B(b)(2). The trade-off for less time is a higher bar.
Under INA § 240B(b)(1) and 8 CFR § 1240.26(c), you must show:
- at least one year of physical presence in the U.S. before the NTA was served;
- good moral character for at least the five years before you apply;
- no aggravated felony conviction and no deportability on terrorism or security grounds;
- by clear and convincing evidence, the means and the intent to leave, including a valid passport or travel document.
At this stage the bond is mandatory: at least $500, posted with the ICE Field Office Director within 5 business days of the judge’s order. ICE (U.S. Immigration and Customs Enforcement) carries out removal orders and runs immigration detention.
If you waived appeal and don’t post the bond on time, the alternate order of removal takes effect right away. There is a narrow exception: leaving within 25 days of missing the bond and proving it to DHS.
You also can’t get it again if you received it before after being found inadmissible for being present without admission or parole, under INA § 240B(c).
How Long Is the Reentry Bar After Deportation Compared With Voluntary Departure?
There is no simple rule that “deportation means 10 years and voluntary departure means 5.” The INA has two separate bars. Depending on your history, one, both, or neither may apply.
The bar for a removal order, INA § 212(a)(9)(A), is:
- 5 years if you were removed as an “arriving alien,” through expedited removal or in a case that began on arrival;
- 10 years for other removal orders, including leaving while an order was outstanding;
- 20 years after a second or later removal;
- no time limit at all after an aggravated felony conviction.
The unlawful presence bar, INA § 212(a)(9)(B), does not depend on a removal order. It is 3 years if you built up more than 180 days but less than a year and left before proceedings began, and 10 years if you built up a year or more.
That’s why leaving on time avoids the removal-order bar but not always the unlawful presence bar. Someone who lived here for years without status may still face a 10-year bar after meeting the deadline.
| Scenario | Removal-order bar (212(a)(9)(A)) | Unlawful presence bar (212(a)(9)(B)) | Way to return sooner
|
|---|---|---|---|
| Voluntary departure, left on time | Does not apply | May apply, usually 10 years after a year or more | I-601 waiver, for certain relatives of citizens or residents |
| Voluntary departure, deadline missed | Applies through the alternate order, usually 10 years | May also apply | I-212 consent and, if needed, I-601 waiver |
| First removal order | 10 years, or 5 for an “arriving alien” | May also apply | I-212 consent and, if needed, I-601 waiver |
| Second removal or aggravated felony | 20 years or no time limit | May also apply | I-212 consent, discretionary |
Consent to return early is requested on Form I-212, Application for Permission to Reapply for Admission into the United States After Deportation or Removal. The unlawful presence waiver is requested on Form I-601, Application for Waiver of Grounds of Inadmissibility.
That waiver requires showing extreme hardship to a U.S. citizen or permanent resident spouse or parent, under INA § 212(a)(9)(B)(v). The bar does not apply to permanent residents, and time spent under age 18 does not count.
A harsher bar, INA § 212(a)(9)(C), covers anyone who reenters without admission after more than a year of unlawful presence or after a removal order. That person can only ask for consent after 10 years outside the country.
What Happens If You Accept Voluntary Departure and Don’t Leave on Time
Missing the deadline can leave you worse off than if you had accepted the removal order in the first place. INA § 240B(d) sets two penalties for anyone who voluntarily fails to depart in time.
The first is a civil penalty of $1,000 to $5,000. Under 8 CFR § 1240.26(l), the amount is presumed to be $3,000 unless the judge or the Board of Immigration Appeals (BIA) sets a different figure.
The second is 10 years of ineligibility for another grant of voluntary departure and for these forms of relief:
- cancellation of removal (INA § 240A);
- adjustment of status (INA § 245);
- change of nonimmigrant status (INA § 248);
- registry (INA § 249).
There is an exception for certain VAWA-based applications when abuse or extreme cruelty was at least one central reason for overstaying, under INA § 240B(d)(2).
Under 8 CFR § 1240.26, filing a motion to reopen or reconsider during the departure period automatically ends the grant and triggers the alternate order, although the 240B(d) penalties then don’t apply. Filing a petition for review in a federal court of appeals has a similar effect.
The deadline is hard to stretch. Only certain DHS officials can extend it, not the judge, and the total can never exceed 120 or 60 days.
Signing a Stipulated Removal Order: What to Know First
A stipulated removal order is a written agreement between you and DHS that lets the judge order removal without a hearing, under 8 CFR § 1003.25(b). It is often presented to people in detention as the fastest way out.
By signing, you admit the facts in the NTA, concede removability, give up any request for relief, designate a country, and accept the order as final. It is a removal order with every consequence, including the 212(a)(9)(A) reentry bar.
Signing does not guarantee a quick departure either. INA § 241(a)(1) gives the government a 90-day removal period once the order is final, and that period can be extended, for example if the person doesn’t cooperate in getting travel documents.
The destination is not always your choice. When removal to the countries the law lists isn’t possible, INA § 241(b)(2) allows removal to another country whose government agrees to accept you.
On June 23, 2025, the Supreme Court stayed, while the appeal continues, a lower court order that required extra procedures before these third-country removals (DHS v. D.V.D., No. 24A1153). It clarified the stay on July 3, 2025. The litigation remains open.
Coming back without consent makes everything harder: the old order can be reinstated (INA § 241(a)(5)), and illegal reentry after removal is a federal crime (8 U.S.C. § 1326).
When Might Voluntary Departure Make Sense?
This option generally makes more sense when there is no realistic form of relief and you have a passport, money for the ticket, and confidence that you can meet the deadline.
It may make less sense when you have a possible defense, when you can’t be sure you’ll leave on time, or when the 10-year unlawful presence bar will apply anyway.
The facts that matter most are in your file: your entry date, whether you were admitted or paroled, how long you’ve been without status, any criminal record, and whether you have a citizen or resident relative. A deportation defense strategy starts with those facts.
If you already have a hearing date or a notice in hand, time works against you. At Angel Law Firm in Orlando, you speak with an attorney about your case from the first consultation. Call (407) 329-7711 or reach our office to review your options.
Frequently Asked Questions About Voluntary Departure
Does voluntary departure erase the bar on coming back?
Not necessarily. It avoids the bar that comes with a removal order. But if you built up a year or more of unlawful presence, the 10-year bar under INA § 212(a)(9)(B) can still apply.
Will signing a deportation order get me out of detention faster?
Not always. The government has a 90-day removal period after the order becomes final, and it can be extended. The wait depends on travel documents and the destination country, and the signed order carries a 5- or 10-year bar.
Can I be sent to a country that isn’t my own?
It can happen. INA § 241(b)(2) allows removal to another country willing to accept you when the countries the law lists aren’t available. The procedures for these removals have been in litigation since 2025.
What if I get voluntary departure but can’t buy the ticket in time?
The consequences can be serious. The alternate removal order kicks in, along with a civil penalty of $1,000 to $5,000 and 10 years of ineligibility for several forms of relief. The total time can’t go past 120 or 60 days, even with an extension.
Can I get voluntary departure with a criminal record?
It depends on the record. An aggravated felony conviction or deportability on terrorism or security grounds bars it. At the end of a case, the judge must also find five years of good moral character, and some convictions can prevent that finding.
Voluntary Departure or a Removal Order: Steps Before You Decide
Before you sign a removal order or accept voluntary departure, review these points:
- Gather your file: the NTA, the judge’s orders, your entry documents, and any arrest or conviction records.
- Count your unlawful presence: the 3- and 10-year bars depend on that number and its exceptions.
- Check for a possible defense: the pre-conclusion version requires withdrawing other applications.
- Confirm your passport and travel money: without them, the end-of-case version isn’t available.
- Write down every deadline: the bond is due in 5 business days, and the departure period can’t go past the legal limit.
- Know what a motion or appeal does: filing one ends the grant.
- Keep proof that you left: ICE requires it before the bond can be canceled.
Immigration law and policy change, sometimes month to month, so confirm the current rules before you decide. EOIR publishes its official guide to voluntary departure in immigration court.
If you are weighing voluntary departure against a removal order, consider talking with an immigration attorney before you sign anything.
This content is for general information only. It is not legal advice and does not create an attorney-client relationship. Every case depends on its own facts and on the law in effect when it is filed. To discuss your situation, contact Angel Law Firm at (407) 329-7711.
