Removal Defense | Immigration Law
Understanding Voluntary Departure and Your Options
AG Immigration Law P.A. focuses on removal defense, adjustment of status, family petitions, naturalization, waivers and BIA appeals for immigrants across the US.
By Adriana Gomez · Published November 1, 2026
The maximum time limit for voluntary departure from the US is 120 days if permission is granted before the immigration case ends. It is 60 days if permission is granted at the end of the case. These limits come from federal law. This page explains both limits, the bond rules, and what happens if the deadline passes.
The Short Answer: Up to 120 Days or Up to 60 Days
Federal law sets a ceiling of 120 days before proceedings end and 60 days after. The statute says permission to leave voluntarily “shall not be valid for a period exceeding” those limits, under 8 U.S.C. § 1229c. A shorter window is still valid. That means the date on the actual order is the one you need to track, not the maximum in the statute. For the wider process, read our removal defense guide.
If a family member has just received a voluntary departure order, the dates on it can shape every next step, and you don't have to sort them out alone. Reach out to our team to talk through your situation. Talk it through with our team — we can walk you through how a situation like yours is usually handled and what your options are.
Pre-Conclusion vs. Post-Conclusion Voluntary Departure
Requests for pre-conclusion voluntary departure are governed by 8 C.F.R. § 1240.26. Before the immigration judge’s decision, the cap is 120 days under 8 U.S.C. § 1229c(a)(2)(A); after the decision, the cap is 60 days under 8 U.S.C. § 1229c(b)(2).
The stage of the case decides which cap applies. That’s why knowing where your case stands matters.
The bond rules differ too. For pre-conclusion permission, the government may require a bond, to be surrendered once the person proves they left on time. For post-conclusion permission, the statute says the person “shall be required to post a voluntary departure bond.” Under 8 CFR 1240.26, that bond must be posted with the ICE Field Office Director within 5 business days of the judge’s order.
Some filings end the permission altogether. Under the same rule, a motion to reopen or reconsider a Board decision, or a timely petition for review of one, automatically ends voluntary departure. Not sure whether your case is still open? See what terminated proceedings mean.
What Happens If the Voluntary Departure Period Runs Out
If the person doesn’t leave in time, the consequences are serious and can last for years. Under 8 CFR 1240.26, a person who fails to depart as required “shall thereafter be ineligible, for a period of ten years, for voluntary departure or for relief under sections 240A, 245, 248, and 249 of the Act.”
Missing the bond deadline is a separate problem. Failure to post the required voluntary departure bond within the time required does not terminate the obligation to depart within the period allowed (8 C.F.R. § 1240.26). However, if the person had waived appeal of the immigration judge’s decision, that failure makes the alternate removal order effective right away under 8 C.F.R. § 1241.1(f), subject to a limited exception for certain people granted voluntary departure under 8 C.F.R. § 1240.26(c).
Events that can cause the alternate order of removal to take effect include filing a post-order motion to reopen or reconsider during the voluntary departure period, filing a petition for review, or failing to post a required bond (see 8 C.F.R. § 1240.26); under 8 C.F.R. § 1241.1(f), the alternate order also becomes final if the person overstays the voluntary departure period. 8 C.F.R. § 1240.26 reads: “if the alien files a post-order motion to reopen or reconsider during the period allowed for voluntary departure.” Judges can issue that alternate order alongside a grant of voluntary departure. 8 CFR 1240.12 allows orders “in the alternative or in combination.”
Voluntary Departure and Detention: What It Does and Does Not Mean
Voluntary departure is permission to leave by a deadline. Under 8 U.S.C. § 1226, a person “may be arrested and detained pending a decision on whether the alien is to be removed.” Release is a separate decision. Except for the criminal aliens described in subsection (c), whom the government must take into custody, the government may release a person on a bond of at least $1,500 or on conditional parole. For those described aliens, release is allowed only if the Attorney General decides it is necessary to protect a witness or cooperating person and the alien will not pose a danger and is likely to appear. The government may revoke a bond or parole at any time. 8 U.S.C. § 1226 reads: “The Attorney General may release an alien described in paragraph (1) only if the Attorney General decides pursuant to section 3521 of title 18 that release of the alien from custody is necessary to provide protection to a witness, a potential witness, a person cooperating with an investigation into major criminal activity, or an immediate family member or close associate of a witness, potential witness, or person cooperating with such an investigation, and the alien satisfies the Attorney General that the alien will not pose a danger to the safety of other persons or of property and is likely to appear for any scheduled proceeding.”
Families often hear “voluntary departure” and assume the person is coming home soon. That’s a common mix-up. The order’s terms still control the timeline. Bond deadlines run from the judge’s order, so the date on that paper matters most.
If you can’t find a relative, the Online Detainee Locator System is ICE’s official tool for locating people held in immigration detention.
Arriving Noncitizens and Expedited Removal
Arriving noncitizens and people in expedited removal face different rules than people already in regular proceedings. That person may instead, in the discretion of the Attorney General, withdraw the application for admission, as 8 U.S.C. § 1225 allows.
Expedited removal follows another path. Under the same section, a removal order entered under those provisions “is not subject to administrative appeal.” There are limited exceptions. They include prompt review of certain claims of having been lawfully admitted for permanent residence, refugee admission, or asylum, as well as immigration judge review of a negative credible fear finding.
How and where a person entered shapes which rules apply. For the forum question, see what court hears immigration cases.
Talk With the Firm About Your Voluntary Departure Question
Many people reading about voluntary departure are doing so for someone else. You may be a spouse, parent, child, or friend. You may be trying to make sense of an order or a detention notice you never asked for. Those dates move quickly, so it helps to act early.
AG Immigration Law P.A. focuses on removal defense. The firm also handles adjustment of status, family petitions, naturalization, removal of conditions on green cards, waivers, and BIA appeals. Adriana Gomez is the responsible lawyer for this page.
To talk through your situation, you can use the contact form, call the office, message on WhatsApp, or book a paid consultation.
Not sure what your next step is?
Talk it through with our team — we can walk you through how a situation like yours is usually handled and what your options are.
Frequently Asked Questions
What is the maximum time limit for voluntary departure from the US?
The maximum is 120 days when an immigration judge grants voluntary departure before removal proceedings end, and 60 days when it is granted at the end of proceedings. The judge sets the exact period within these limits.
How long can voluntary departure last if it is granted at the end of removal proceedings?
If an immigration judge grants voluntary departure at the conclusion of removal proceedings, the maximum period is 60 days. This limit is set by federal law, INA § 240B.
Can a voluntary departure period be extended beyond the maximum?
Federal law provides that permission to depart voluntarily granted in lieu of removal proceedings or before those proceedings are completed generally may not be valid for more than 120 days, while voluntary departure granted by an immigration judge at the conclusion of proceedings may not be valid for more than 60 days (8 U.S.C. § 1229c). Whether any further time is available depends on the procedural posture of the case, so anyone facing this issue is invited to contact the office to discuss their situation. Whether any grant is available at all depends on the facts of each case.
What happens if someone does not leave by the voluntary departure deadline?
If the person does not depart voluntarily within the period allowed, the alternate order of removal entered with the grant takes effect under 8 C.F.R. § 1241.1(f), subject to the exceptions that apply under 8 U.S.C. § 1229c(d). A person who voluntarily fails to depart is subject to a civil penalty of not less than $1,000 and not more than $5,000, and is ineligible for a period of 10 years for certain future forms of relief, subject to the exceptions in 8 U.S.C. § 1229c(d).
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Important: Do Not Rely on General Information
Voluntary departure carries specific conditions, and the outcome depends on the facts of your case and your stage in proceedings. Do not make travel or filing decisions based only on what you read online.
Key Questions Our Clients Ask
What is voluntary departure?
It is a form of relief that may allow a person to leave the United States on their own terms rather than under a formal removal order.
Why does timing matter?
The period a judge allows and the stage at which relief is granted can affect your next steps, so the details should be reviewed carefully.
What about bonds and conditions?
Conditions attached to voluntary departure can be strict. Our office can explain what applies to your situation.
What if the judge denies relief?
Decisions can sometimes be appealed to the Board of Immigration Appeals. We can discuss whether an appeal is worth pursuing in your case.