What Is Voluntary Departure
Voluntary departure is a form of relief that allows you to leave the United States on your own terms and at your own expense instead of being formally removed (deported) by the government. An immigration judge or USCIS officer grants this permission, typically after determining you are deportable but before issuing a final removal order.
The key distinction is that voluntary departure avoids the harsh consequences of a deportation order. A deportation stays on your permanent record and triggers automatic bars to future immigration benefits. Voluntary departure, by contrast, allows you to depart without a formal removal order, preserving eligibility for certain visa categories and the ability to return legally in the future under specific circumstances.
How Voluntary Departure Works
Voluntary departure typically comes into play during removal proceedings before an immigration judge. Here is the actual process:
- USCIS initiates removal proceedings by issuing a Notice to Appear (Form I-862), which charges you with deportability under one or more grounds under 8 U.S.C. 1227.
- You appear before an immigration judge in immigration court. Your attorney can argue your case and may propose voluntary departure as an alternative to deportation.
- The judge has discretion to grant voluntary departure if you meet eligibility requirements. You must have been physically present in the U.S. for at least one year before the Notice to Appear was filed. Additionally, you cannot have been convicted of certain serious crimes.
- If granted, you receive a specific deadline, usually 60 to 120 days, to leave the country. You must depart on or before that date.
- You pay for your own transportation and must document your departure upon leaving (obtain a departure record from U.S. Customs and Border Protection).
- Once you comply with the order, your voluntary departure is complete with no formal deportation on your record.
Critical Implications for Your Immigration Status
Voluntary departure carries real consequences for your future immigration options. If you fail to depart by the deadline, the order automatically converts to a removal order, which then bars you from returning legally for 10 years under 8 U.S.C. 1182(a)(9)(B)(i). A removal order also disqualifies you from adjustment of status, consular processing, and most employment-based visa categories.
If you are in the midst of an adjustment of status application or have a pending priority date, voluntary departure typically terminates your pending applications. You cannot maintain a green card petition while departing under this relief. This makes the decision to accept voluntary departure strategically important. Some applicants choose to fight deportation in immigration court rather than accept voluntary departure if they have alternative paths to lawful status.
When You Might Face This Situation
Common deportability grounds that lead to voluntary departure discussions include working without authorization, overstaying a visa, entering the U.S. without inspection, or commission of certain crimes. If you are out-of-status and have no pending visa petition, your immigration attorney may recommend voluntary departure to avoid a permanent deportation record.
Common Questions
- Can I voluntarily depart if I have a pending green card application? No. Accepting voluntary departure will terminate your pending adjustment of status or consular processing petition. You cannot pursue both remedies simultaneously. Your attorney should clarify whether fighting removal or accepting voluntary departure serves your long-term immigration goals.
- What happens if I miss the voluntary departure deadline? The voluntary departure order automatically converts to a removal order without further hearing. This removal order now carries a 10-year bar to reentry and disqualifies you from most future visa options. Missing the deadline is a serious mistake that locks in a deportation record.
- Can I return to the U.S. after voluntary departure? It depends on the circumstances and the grounds for your original removal. You cannot return for at least a limited period. Some individuals who depart voluntarily may eventually qualify for a visa or green card if they obtain a waiver of the deportability ground or if circumstances change significantly. Consult an immigration attorney before assuming you cannot return.