{"id":1907,"date":"2026-11-01T01:11:59","date_gmt":"2026-11-01T01:11:59","guid":{"rendered":"https:\/\/abogadaadrianagomez.com\/resources\/removal-defense\/voluntary-departure-removal-proceedings\/"},"modified":"2026-11-10T02:30:31","modified_gmt":"2026-11-10T02:30:31","slug":"voluntary-departure-removal-proceedings","status":"publish","type":"page","link":"https:\/\/abogadaadrianagomez.com\/resources\/removal-defense\/voluntary-departure-removal-proceedings\/","title":{"rendered":"Voluntary Departure Request in Immigration Court Explained"},"content":{"rendered":"\n
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Removal Defense | AG Immigration Law P.A.<\/p>

Understand Voluntary Departure Before You Ask the Judge<\/h1>

A clear guide to how this request works in immigration court, and how our office can help you weigh the bond, ten-year, and appeal effects before you decide.<\/p>

Book a Paid Consultation<\/a><\/div><\/div>\n<\/div><\/div>\n\n\n

By Adriana Gomez \u00b7 Published October 31, 2026<\/p>\n\n

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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.<\/p>\n

What Voluntary Departure Is and Who It Fits<\/h2>\n

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.<\/p>\n

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.<\/p>\n

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.<\/p>\n\n

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If a hearing date is coming up and you are weighing whether to ask the judge for time to leave, you don't have to work through it alone. Contact AG Immigration Law P.A. to talk through your facts. Talk it through with our team — we can walk you through how a situation like yours is usually handled and what your options are.<\/p>

Schedule a consultation<\/a><\/div><\/div>\n<\/div>\n\n
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How Long Voluntary Departure Lasts<\/h2>\n

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. \u00a7 1229c<\/a>). If the immigration judge grants permission at the conclusion of proceedings, the statute says it cannot be valid for a period exceeding 60 days.<\/p>\n

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.<\/p>\n

How the Voluntary Departure Request Works Step by Step<\/h2>\n

Making a voluntary departure request in immigration court follows a few clear steps. Each one has its own deadline.<\/p>\n

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

    What Accepting Voluntary Departure Can Cost You<\/h2>\n

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