Voluntary departure explainedVoluntary Departure under INA 240B
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
| Item | Before the conclusion of proceedings (INA 240B(a)) | At the conclusion of proceedings (INA 240B(b)) |
|---|---|---|
| Maximum period | 120 days | 60 days |
| When to request it | If 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 conclude | When the individual hearing (merits hearing) concludes and the judge issues a decision |
| Main requirements | Do 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 activity | Physically 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 |
| Bond | The 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 |
| Appeal | Appeal must be waived | Appeal is allowed, but proof that the bond was posted must be submitted to the BIA on time |
| Travel documents | A 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 days | Generally must present a passport or other travel document sufficient for departure |
| Who is not eligible | An 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 again | A 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)):
- You were physically present in the United States for at least 1 year before being served with the Notice to Appear;
- You have had good moral character for at least 5 years before applying;
- You have no aggravated felony conviction and are not removable on security grounds such as terrorist activity;
- 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:
- A civil penalty: The statute provides for $1,000 to $5,000; this range is periodically adjusted for inflation under federal law, so check the current regulations for the amount that actually applies. 8 CFR 1240.26(l) sets a rebuttable presumptive amount of $3,000; the judge may set a different amount within the permitted range and must give notice of it when granting voluntary departure. Since June 2025, these penalties have been determined, and appeals handled, by DHS (ICE). In Matter of R-P-L-, 29 I&N Dec. 859 (BIA 2026), the BIA held that the failure to depart need not be "willful," and that continuing to pursue lawful status does not excuse the penalty;
- Ineligibility for certain relief for 10 years: For 10 years you cannot receive voluntary departure, cancellation of removal (INA 240A), adjustment of status (INA 245), change of status (INA 248) or registry (INA 249);
- The alternate order of removal takes effect: You become a person with a final order of removal, ICE can carry out your removal, and after removal you will face the corresponding bars to reentry; refusing to depart while under a final order of removal can also lead to other civil and criminal consequences.
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:
- The 3-year / 10-year unlawful presence bars (INA 212(a)(9)(B)): A person who, after turning 18, was unlawfully present in the U.S. for more than 180 days but less than 1 year and then departs cannot be admitted for 3 years; a person who departs after 1 year or more of unlawful presence cannot be admitted for 10 years. Voluntary departure is itself a "departure" and can trigger these bars.
- The permanent bar (INA 212(a)(9)(C)): A person who departs after more than 1 year of aggregate unlawful presence and then enters or attempts to enter unlawfully may face a more severe, permanent restriction.
- Other grounds: for example, past fraud or misrepresentation and certain criminal records remain after departure.
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):
| Item | Voluntary departure granted by a judge | CBP Home self-deportation |
|---|---|---|
| Legal basis | INA 240B and 8 CFR 1240.26, a procedure expressly provided by law | A DHS administrative arrangement and policy campaign, not a form of relief provided by law |
| Who decides | The immigration judge (or DHS granting it under the law) | DHS / CBP registers and processes it through the app |
| Effect on the court case | The judge enters a voluntary departure order and an alternate order of removal, and the case has a clear outcome in court | Departing 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 time | Depends on how the court case ends; must be verified |
| Civil penalty and 10-year bar | The statutory penalty and 10-year bar apply if you fail to depart on time | DHS 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 bars | May still apply | May still apply |
| Pending asylum application | Must be withdrawn for voluntary departure before the conclusion of proceedings | Departure 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:
- After a thorough evaluation by an attorney, you truly have no viable relief, or your relief was denied and the grounds for appeal are weak;
- You have U.S. citizen or green card holder family members, hope to return later through lawful channels, and want to avoid the additional obstacles a removal order creates;
- You have already decided to return home and want to handle your job, property and children's arrangements in an orderly way.
Situations where you usually should not accept it lightly:
- You may qualify for relief such as cancellation of removal, asylum or adjustment of status;
- You may face persecution or torture if returned (asylum, withholding of removal and CAT protection should be evaluated first);
- You cannot obtain a passport or travel document or raise the travel costs within the period, or you are not sure you will really leave;
- People classified as arriving aliens: they cannot receive voluntary departure before the conclusion of proceedings and often have difficulty meeting the requirements for voluntary departure at the conclusion; they can discuss other arrangements with an attorney, such as withdrawal of the application for admission (INA 235(a)(4)).
How we can help
- First screen thoroughly for relief that is better than voluntary departure, so you do not give up rights prematurely;
- Review your residence time, moral character and travel documents to determine whether you can meet the requirements for voluntary departure at the conclusion of proceedings;
- Request an appropriate period and bond amount in court, and explain the consequences of overstaying;
- Weigh appeals and motions to reopen against voluntary departure, and submit proof of the bond on time;
- Plan for post-departure entry bars and future paths back to the United States.
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
- 8 U.S.C. 1229c (INA 240B, voluntary departure)
- 8 CFR 1240.26 (voluntary departure requirements, bond, period and effect)
- Dada v. Mukasey, 554 U.S. 1 (2008)
- EOIR Policy Manual
- DHS: CBP Home
Related reading
- Relief from removal: an overview
- BIA appeals
- In absentia removal orders and motions to reopen
- After a final removal order
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.