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Voluntary departure explainedVoluntary Departure under INA 240B

Wang Law Firm, LLC · David Wang, Managing Attorney · Attorney-reviewed · Updated October 2026

Read this first: ① The voluntary departure period runs from the date of the judge's order; you cannot extend it yourself, and only ICE can extend it within the statutory maximum. ② If the judge requires a bond, it generally must be posted with ICE within 5 business days. ③ If you fail to depart on time, the order automatically becomes a removal order, with a civil penalty and ineligibility for many forms of relief for 10 years. ④ Departing on time avoids a removal order, but the 3-year / 10-year bars for unlawful presence may still apply. ⑤ "Self-deporting" through the CBP Home app is not the same thing as voluntary departure granted by a judge.

Voluntary departure is an arrangement under section 240B of the Immigration and Nationality Act (INA): the immigration judge (or, in some situations, DHS) allows a person in removal proceedings to leave the United States at their own expense and on their own within a set period, instead of being ordered removed and removed by the government. It does not let you stay in the United States, but if you depart on time, you will not have a removal order on your record, and you will face fewer obstacles than someone who was removed if you later return through lawful channels.

Precisely because it is not relief that lets you "stay," before choosing voluntary departure you should first confirm that you have no better option, such as cancellation of removal, asylum or adjustment of status in court (see Relief options overview). Voluntary departure also comes with strict requirements, deadlines and consequences for overstaying; once it is granted, you must follow through carefully.

Two kinds of voluntary departure: before and at the conclusion of proceedings

ItemBefore the conclusion of proceedings (INA 240B(a))At the conclusion of proceedings (INA 240B(b))
Maximum period120 days60 days
When to request itIf granted by the judge, it must be requested at or before the master calendar hearing at which the case is first scheduled for a merits hearing; with the DHS attorney's agreement (stipulation), it can be requested at any time before proceedings concludeWhen the individual hearing (merits hearing) concludes and the judge issues a decision
Main requirementsDo not request, or withdraw, other applications for relief; concede removability; waive appeal of all issues; no aggravated felony conviction and not removable on security grounds such as terrorist activityPhysically present in the U.S. for at least 1 year before being served with the Notice to Appear; good moral character for at least 5 years before applying; no aggravated felony or security grounds; prove by "clear and convincing" evidence the means and intent to depart
BondThe judge may require one (discretionary)Required by statute; the regulations set it at no less than $500, generally to be posted with ICE within 5 business days
AppealAppeal must be waivedAppeal is allowed, but proof that the bond was posted must be submitted to the BIA on time
Travel documentsA passport or travel document must be presented to DHS; if you do not have one yet, the judge may give you time, but it must be obtained and presented within 60 daysGenerally must present a passport or other travel document sufficient for departure
Who is not eligibleAn arriving alien placed in removal proceedings at the time of arrival cannot apply (INA 240B(a)(4)); a person previously granted voluntary departure after being found inadmissible for entering without inspection cannot receive it againA person previously granted voluntary departure after being found inadmissible for entering without authorization (212(a)(6)(A)) cannot receive it again (INA 240B(c)); arriving aliens are not expressly excluded by 240B(a)(4), but they often have difficulty meeting requirements such as 1 year of physical presence in the U.S., which must be confirmed case by case

In both situations, when the judge grants voluntary departure, the judge must also enter an "alternate order of removal" (8 CFR 1240.26(d)): if you depart on time, the alternate order does not take effect; if you do not depart on time, it takes effect automatically and you become a person with a removal order.

Voluntary departure granted by DHS before proceedings begin

INA 240B(a) also allows DHS to grant voluntary departure before issuing a Notice to Appear and starting court proceedings, in lieu of removal proceedings, also for no more than 120 days. In practice this is relatively uncommon and usually happens at the border or right after someone is detained. If you are asked while detained to sign a document about "voluntary departure" or "waiving a hearing," first confirm what the document says and ask to see a lawyer; do not sign documents you do not understand.

Voluntary departure before the conclusion of proceedings: earliest and longest, but you give up everything

Under 8 CFR 1240.26(b), the judge can grant up to 120 days of voluntary departure early in the proceedings, on condition that you do not request, or you withdraw, other applications for relief, concede removability, waive appeal, and have no aggravated felony conviction or security grounds. The request generally must be made at or before the master calendar hearing at which the case is first scheduled for a merits hearing, and the judge cannot grant it under this provision more than 30 days after that master calendar hearing (unless the DHS attorney agrees).

The price of this option is that once it is granted, you essentially give up the chance to seek other relief and to appeal in this case. It suits people who have confirmed they have no viable relief, want to leave in an orderly way as soon as possible, and want to minimize later obstacles to returning. Whether to give up other relief must first be evaluated thoroughly by an attorney; it should not be accepted on the spot at a first hearing out of nervousness.

Voluntary departure at the conclusion of proceedings: stricter requirements, shorter period

If you applied for other relief at your individual hearing and were not successful, you can ask the judge to grant up to 60 days of voluntary departure when issuing the decision. The judge must find (INA 240B(b), 8 CFR 1240.26(c)):

  1. You were physically present in the United States for at least 1 year before being served with the Notice to Appear;
  2. You have had good moral character for at least 5 years before applying;
  3. You have no aggravated felony conviction and are not removable on security grounds such as terrorist activity;
  4. You have shown by clear and convincing evidence that you have the means to depart and intend to do so, which generally includes a valid passport or other travel document.

The statute requires a bond in this situation (INA 240B(b)(3)); the regulations provide that the amount is set by the judge, is no less than $500, and must be posted with the ICE field office within 5 business days (8 CFR 1240.26(c)(3)). If the bond is not posted on time, the alternate order of removal may take effect immediately (if appeal has been waived), and this fact may also be considered as a negative factor when you later apply for other relief.

Because voluntary departure at the conclusion of proceedings requires proving "good moral character" and "intent to depart," you should have your passport, proof of no criminal record and similar documents ready before the individual hearing, and think carefully: if your other relief is denied, will you really leave?

Can the period be extended?

The voluntary departure period can be extended only by DHS (ICE), and only within the statutory maximum: if granted before the conclusion of proceedings, the total period (including extensions) cannot exceed 120 days; if granted at the conclusion, it cannot exceed 60 days (8 CFR 1240.26(f)). The judge's decision on the length of the period cannot be appealed (8 CFR 1240.26(g)); as a rule, federal courts also lack jurisdiction to review a denial of voluntary departure at the conclusion of proceedings (INA 240B(f), except for constitutional claims and questions of law). In practice, start arranging your passport, plane ticket and affairs in the U.S. immediately after the grant, and do not count on an extension.

Consequences of failing to depart

Under INA 240B(d)(1), a person granted voluntary departure who "voluntarily fails to depart" within the period faces:

The law has a separate exception for victims of domestic violence or extreme cruelty (INA 240B(d)(2)): if extreme cruelty or battery was at least one central reason for the failure to depart, the 10-year bar above does not apply to the person's VAWA-related relief. If you failed to depart on time for reasons beyond your control, the consequences may also be assessed differently, which an attorney must evaluate specifically.

How it interacts with appeals, motions to reopen and federal court review

Appeal to the BIA

Voluntary departure before the conclusion of proceedings requires waiving appeal. A person granted voluntary departure at the conclusion of proceedings can still appeal the judge's other decisions to the Board of Immigration Appeals (BIA), but must submit to the BIA, within 30 days of filing the appeal, proof that the bond was posted with ICE; otherwise, if the BIA dismisses the appeal, it will not reinstate your voluntary departure period (8 CFR 1240.26(c)(3)(ii)). As for the appeal deadline, an interim final rule EOIR issued in February 2026 would have shortened most appeal deadlines to 10 days, but that part was vacated by the U.S. District Court for the District of Columbia before it took effect, and EOIR then confirmed by policy memorandum that the appeal deadline remains 30 days (as of October 2026). See BIA appeals.

Motions to reopen or reconsider: Dada v. Mukasey

In 2008, in Dada v. Mukasey, the Supreme Court held that a person granted voluntary departure who wants to file a motion to reopen within the departure period must be permitted to unilaterally withdraw the voluntary departure request before the period expires, so that the motion can be heard, without having to choose between "departing" and "continuing to fight." EOIR then amended its regulations (effective January 2009): if a motion to reopen or reconsider is filed within the voluntary departure period, voluntary departure terminates automatically and the alternate order of removal takes effect, but the civil penalty and 10-year bar for failing to depart do not apply (8 CFR 1240.26(e)(1)); a motion filed only after the period expires cannot extend or reinstate the departure period.

In other words, filing a motion within the period means giving up the benefits of voluntary departure in exchange for the chance to keep fighting. That decision comes at a high cost, and the strength of the new evidence must be weighed in advance. For the requirements for a motion to reopen, see In absentia removal orders and motions to reopen.

Petition for review in a federal court of appeals

After the BIA rules, if you file a petition for review with a federal court of appeals, voluntary departure likewise terminates automatically and the alternate order of removal takes effect (8 CFR 1240.26(i)). A person granted voluntary departure at the conclusion of proceedings who departs within 30 days of filing the petition for review and submits proof of departure to DHS is not considered to have been removed under a removal order.

After departure: which entry bars may still apply

Departing voluntarily on time avoids the reentry bars tied to a removal order (INA 212(a)(9)(A)), but it does not erase other grounds of inadmissibility:

Some bars can be waived (for example with Form I-601, which usually requires showing extreme hardship to a U.S. citizen or green card holder spouse or parent), but each requires a case-specific evaluation. If you have U.S. citizen or green card holder family members and plan to return later through family-based immigration, it is best to have an attorney plan this before you depart; see our family immigration guide.

Voluntary departure vs. CBP Home "self-deportation"

Since 2025, the U.S. government has promoted the CBP Home mobile app and "Project Homecoming" under a May 9, 2025 presidential proclamation, encouraging people without lawful status to register through the app and "self-deport" (self-deportation). DHS advertises travel assistance and a departure stipend (the amount has been adjusted several times), and says it will forgive some civil fines for people who have removal orders but did not depart. Since May 2025, EOIR has also posted notices encouraging self-deportation in immigration courts and enclosed them with some documents. The differences between the two (verified as of October 2026):

ItemVoluntary departure granted by a judgeCBP Home self-deportation
Legal basisINA 240B and 8 CFR 1240.26, a procedure expressly provided by lawA DHS administrative arrangement and policy campaign, not a form of relief provided by law
Who decidesThe immigration judge (or DHS granting it under the law)DHS / CBP registers and processes it through the app
Effect on the court caseThe judge enters a voluntary departure order and an alternate order of removal, and the case has a clear outcome in courtDeparting does not by itself end the court case automatically; how the case is resolved (for example, whether it is dismissed) is up to the judge; leaving before the case is resolved and missing a hearing may result in an in absentia removal order
Is a removal order left on your record?No removal order if you depart on timeDepends on how the court case ends; must be verified
Civil penalty and 10-year barThe statutory penalty and 10-year bar apply if you fail to depart on timeDHS says it forgives some civil fines for failing to depart under a removal order; the scope, legal effect and implementation must be verified case by case
3-year / 10-year unlawful presence barsMay still applyMay still apply
Pending asylum applicationMust be withdrawn for voluntary departure before the conclusion of proceedingsDeparture is usually treated as abandonment of the asylum application

If you have a pending case in immigration court, be sure to consult an attorney before using CBP Home to confirm how your case will end, whether a removal order will be left on your record, and what entry bars will apply after departure. People who already have a final order of removal are in a different situation; see After a final removal order.

When to consider voluntary departure, and when not to

Situations where it may make sense to consider it:

Situations where you usually should not accept it lightly:

How we can help

Frequently asked questions

Is voluntary departure "better" than removal?

If you depart on time, you will not have a removal order on your record, and you will usually face fewer obstacles to returning to the United States than someone who was removed. But it does not eliminate other grounds of inadmissibility, such as the 3-year / 10-year unlawful presence bars. And if you do not depart on time, the consequences are heavier than a simple removal order: a civil penalty, ineligibility for many forms of relief for 10 years, and the alternate order of removal takes effect as well.

My deadline is approaching and I cannot get a plane ticket. What should I do?

The judge generally cannot extend the period further; only ICE can extend it, within the overall maximum of 120 or 60 days. Contact an attorney as early as possible to submit an extension request with supporting evidence to ICE. Once the period passes, the alternate order of removal takes effect, so do not wait until the last few days.

Can I get the bond back after I depart?

If you depart on time and submit proof of departure to ICE, you can generally request a refund of the bond; whether it can be refunded in other situations depends on ICE's rules and the terms of the bond documents. Confirm the specific procedure with ICE when you post the bond, and keep the receipt and all proof of departure.

Can I still appeal after being granted voluntary departure?

Voluntary departure granted before the conclusion of proceedings requires waiving appeal. If it was granted at the conclusion, you can appeal, but you must submit proof that the bond was posted to the BIA within 30 days of filing the appeal; otherwise, even if the appeal is dismissed, the BIA will not reinstate your departure period.

What happens if I file a motion to reopen within the departure period?

Under the regulations, filing a motion to reopen or reconsider within the period automatically terminates voluntary departure and the alternate order of removal takes effect, but the civil penalty and 10-year bar for failing to depart do not apply. This is the rule that followed the Dada v. Mukasey decision, and it means you give up voluntary departure in exchange for the chance to keep fighting.

If I just leave using CBP Home, is that the same as voluntary departure granted by a judge?

No. CBP Home is a DHS administrative arrangement, not voluntary departure under INA 240B. If you have a case in immigration court, you need to confirm in advance how the case will end and whether you could be ordered removed in absentia. Consult an attorney before using it.

After voluntary departure, if my spouse is a U.S. citizen, how soon can I come back?

There is no single answer. It depends on how long you were unlawfully present in the United States (whether the 3-year or 10-year bar is triggered), whether any other grounds of inadmissibility apply, and whether you can apply for a waiver. We recommend having an attorney evaluate this before you depart and plan the timeline for the family-based petition and any waiver.

Official sources

Related reading

Has the judge mentioned voluntary departure, or are you considering CBP Home? Before you decide, confirm whether you have better relief and what entry bars will apply after you depart. Book an attorney assessment, or call (312) 519-1115.

This page is general information, not legal advice. Immigration court procedures and policies change quickly, and outcomes depend on the specific facts. If you have received a Notice to Appear or a family member has been detained, consult an attorney as soon as possible.