Understand Voluntary Departure Before You Ask the Judge

A voluntary departure request in immigration court asks a judge for permission to leave the United States at your own expense, instead of being removed under a formal order. It can be a useful option, but it has firm deadlines and serious consequences if you miss them. This page explains the time limits, the steps, and the costs.

What Voluntary Departure Is and Who It Fits

Voluntary departure lets a person leave the country on a set timeline, at their own expense. Federal law allows the Attorney General to permit voluntary departure, and an immigration judge can grant it in place of removal.

It fits people in removal proceedings who are not deportable under certain listed grounds. It can also suit someone who wants to plan a departure rather than wait for a final order.

Voluntary departure is different from leaving with no court involvement. Once a judge grants it, the bond, deadline, and penalty rules below apply. Often a family member helps make this choice, and the timing can feel rushed. Removal defense covers every option in these cases, and this is one of them.

How Long Voluntary Departure Lasts

For a request made before proceedings end, permission to depart voluntarily is limited to 120 days, except as provided in subparagraph (B) (8 U.S.C. § 1229c). If the immigration judge grants permission at the conclusion of proceedings, the statute says it cannot be valid for a period exceeding 60 days.

The exact window appears in the judge’s order, so read it closely. A judge can also grant voluntary departure at the end of a hearing, in place of removal. Each path has its own steps and bond rules, so timing matters. Ask the court to confirm the deadline on the record, and write it down.

How the Voluntary Departure Request Works Step by Step

Making a voluntary departure request in immigration court follows a few clear steps. Each one has its own deadline.

1. Confirm your stage. Know whether the request comes before proceedings end or at the conclusion of the hearing.
2. Make the request. Ask the judge on the record.
3. Under 8 CFR 1240.26, the bond must be posted with the ICE Field Office Director within 5 business days of the order.
4. Leave within the window. Keep proof of departure.
5. Watch what you file. Certain later filings can end the grant, as explained below.

What Accepting Voluntary Departure Can Cost You

Accepting voluntary departure carries real costs if you do not follow through. Under 8 CFR 1240.26, a person who fails to leave in time is ineligible for ten years for voluntary departure and for certain other relief.

• Automatic end of the grant: Filing a motion to reopen or reconsider with the Board, or a timely petition for review, ends the grant automatically.
• Limited court review: Federal courts cannot review a denial of a voluntary departure request under that statute. Courts also cannot stay removal pending consideration of a claim with respect to voluntary departure.

Voluntary Departure, Removal Orders, and Terminated Proceedings

Voluntary departure is permission to leave on a set schedule. A removal order is a final order that you must leave.

• Missing the deadline brings the ten-year rule.
• Removal order: Review of a final order of removal happens in the courts under federal law (8 U.S.C. § 1252).
• Terminated proceedings: The case ends without a removal order. That result is different from voluntary departure, which still requires you to leave.

Immigration law is federal. These rules apply whether the case is in Florida, Texas, or New York.

Challenging a Removal Order After It Is Entered

The Board of Immigration Appeals reviews immigration judge decisions. Federal courts of appeals review Board decisions through a petition for review. Deadlines apply at each step.

• Notice of Appeal: The reasons for appeal must be stated in the Notice of Appeal. Failure to do so may be a ground for dismissal (8 CFR 1240.15).
• Summary dismissal: For appeals of decisions issued on or after March 9, 2026, except for appeals under paragraphs (b)(5), (6), (7), and (14), the Board summarily dismisses an appeal unless a majority of the permanent Board members vote en banc to accept it (8 CFR 1003.1).
• Motions: A motion to reopen must state new facts, supported by affidavits or other evidence. The evidence must be material and not available at the earlier hearing (8 CFR 1003.2). 8 C.F.R. § 1003.2 reads: “A motion to reopen proceedings shall not be granted unless it appears to the Board that evidence sought to be offered is material and was not available and could not have been discovered or presented at the former hearing; nor shall any motion to reopen for the purpose of affording the alien an opportunity to apply for any form of discretionary relief be granted if it appears that the alien’s right to apply for such relief was fully explained to him or her and an opportunity to apply therefore was afforded at the former hearing, unless the relief is sought on the basis of circumstances that have arisen subsequent to the hearing.”
• A petition for review must be filed not later than 30 days after the date of the final order of removal (8 U.S.C. § 1252(b)(1)). The circuit court of appeals that hears a petition for review depends on the circuit where the immigration judge completed the proceedings (8 U.S.C. § 1252(b)(2)). A motion to reopen a decision rendered by an immigration judge or DHS officer that is filed while an appeal is pending before the Board may be deemed a motion to remand for further proceedings (8 CFR 1003.2).

Eligibility for cancellation of removal depends on each person’s individual circumstances, so the details of your history matter and are worth discussing with our office. For the 3-year continuous physical presence requirement under the battered-spouse route, the issuance of a charging document does not toll that period (8 U.S.C. § 1229b). AG Immigration Law P.A. focuses on removal defense, BIA appeals, and waivers.

Frequently Asked Questions

Talk Through Your Case With a Paid Consultation

If you are weighing a voluntary departure request, a paid consultation is the next step. You may have a hearing date coming up, a judge’s question about leaving, or a relative counting on you to decide.

Consultations are paid. Reach out by filling out the contact form at our contact page, calling the office, messaging on WhatsApp, or booking a paid consultation to review your facts.

This page is the responsibility of Adriana Gomez, AG Immigration Law P.A.