Voluntary Departure

What It Means

Voluntary departure, codified at INA section 240B, allows a noncitizen in removal proceedings to depart the U.S. voluntarily within a specified period rather than being formally removed. There are two forms. "Pre-conclusion" voluntary departure under INA section 240B(a) is available before or at the master calendar hearing; the applicant must concede removability, withdraw all other applications for relief, waive appeal, and depart within up to 120 days. "Post-conclusion" voluntary departure under INA section 240B(b) is available at the end of proceedings and requires the applicant to have been physically present for at least 1 year before the NTA, have good moral character for 5 years, not be deportable as an aggravated felon or terrorist, and post a departure bond (minimum $500, typically higher); the departure period is limited to 60 days and cannot be extended. Failure to depart within the granted period converts voluntary departure into a removal order, triggers civil monetary penalties of $1,000 to $5,000, and bars the applicant from most forms of discretionary relief for 10 years under INA section 240B(d). The key advantage of voluntary departure is avoiding the 5-, 10-, or 20-year reentry bars under INA section 212(a)(9)(A) that attach to formal removal orders, which can be decisive for applicants who may later qualify for immigrant visas through family or employment petitions. Unlawful presence bars under INA 212(a)(9)(B) and the permanent bar under 212(a)(9)(C) still apply based on prior unlawful presence. Voluntary departure is discretionary, so the immigration judge weighs positive and negative equities.

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