Voluntary Departure

Voluntary Departure is a form of relief that allows you to voluntarily depart the United States without a deportation order so that you remain eligible to later return to the U.S. legally if you qualify.

There are two types of voluntary departure: pre-conclusion and post-conclusion voluntary departure. The two types of voluntary departure have different requirements and occur at different stages of your removal proceedings.

You are ineligible for either form of voluntary departure if you have previously been granted voluntary departure after having been found inadmissible under INA § 212(a)(6)(A) by an immigration judge, have been convicted of an aggravated felony, or are removable for security grounds as outlined in INA § 237(a)(4). You may not be granted voluntary departure if you are an arriving alien (identified as "arriving alien" on your Notice to Appear) unless you were in the United States for one year before the NTA was served.

To be eligible for pre-conclusion voluntary departure, you must request this form of relief prior to or at the master calendar hearing in which your case is scheduled for an individual hearing. In addition, you must also concede that you are removable from the United States, withdraw any pending requests for relief from removal and waive eligibility for relief, and waive appeal. You must also demonstrate that you deserve a grant of voluntary departure as a matter of discretion. If you are granted pre-conclusion voluntary departure, the immigration judge may grant up to 120 days for you to depart the United States.

You may request post-conclusion voluntary departure at any time during your removal proceedings. To be eligible you must have had one year of physical presence in the United States before the NTA was served, have had good moral character for five years, post a minimum bond of $500 (or more) within five business days, and demonstrate that you have the means to depart the United States as well as the intention to do so. You must also demonstrate that you merit a grant of voluntary departure as a matter of discretion. If you are granted post-conclusion voluntary departure, the immigration judge may grant up to 60 days for you to depart the United States.

To apply for either form of voluntary departure, you must compile evidence demonstrating your eligibility for this form of relief, including evidence that you deserve a grant of voluntary departure as a matter of discretion. Advise the immigration judge that you wish to apply for voluntary departure and provide the immigration judge with your evidence.

If you are granted pre-conclusion voluntary departure, the immigration judge may grant up to 120 days for you to depart the United States.

If you are granted post-conclusion voluntary departure, the immigration judge may grant up to 60 days for you to depart the United States.