Voluntary departure: leaving without a removal order, and the deadlines that come with it
An immigration judge can let you leave the country on your own instead of being ordered removed. It can help your future, but only if you follow every condition. Missing one makes it worse.
Law checked November 5, 2026
The short version
- A judge can grant up to 120 days to leave if voluntary departure is requested early in the case, or up to 60 days at the end of the case.
- At the end of the case, you must post a bond of at least $500 within 5 business days. If you appeal, you must prove to the Board within 30 days that you posted it.
- If you do not leave in time, you face a civil penalty and a 10-year bar from several kinds of relief, including green cards. Filing a motion to reopen or a petition for review ends the grant.
Not every immigration court case ends with asylum granted. When the outcome is likely to be removal, a judge may offer, or you may ask for, voluntary departure. It allows you to leave the United States on your own, at your own expense, by a deadline, instead of being ordered removed.
That difference can matter a great deal for your future. But voluntary departure comes with strict conditions, and failing any of them can leave you worse off than a removal order.
Two kinds, two deadlines
The law sets up two forms of voluntary departure before the immigration judge, under INA 240B and 8 C.F.R. 1240.26:
| Early in the case | At the end of the case | |
|---|---|---|
| When you ask | At or before the master calendar hearing where your case is set for a merits hearing | At the conclusion of the proceedings |
| Longest period to leave | 120 days | 60 days |
| Main conditions | Concede removability, withdraw other requests for relief, waive appeal of all issues, no aggravated felony | One year of physical presence before the Notice to Appear, five years of good moral character, no aggravated felony, and clear and convincing evidence that you can and will leave |
| Bond | The judge may require one | Required: at least $500, posted with ICE within 5 business days |
Either way, the judge also enters an "alternate order of removal." That order takes effect automatically if you do not comply.
The bond and the appeal
For voluntary departure at the end of the case, the bond is the first deadline. The judge must tell you the amount and "the duty to post the bond with the ICE Field Office Director within 5 business days."
If you appeal to the Board, there is a second deadline. You must, "within 30 days of filing of an appeal with the Board, submit sufficient proof of having posted the required voluntary departure bond." If you do not, "the Board will not reinstate the period of voluntary departure in its final order."
Motions and petitions end the grant
This rule surprises people. Under 8 C.F.R. 1240.26, filing a motion to reopen or reconsider during the voluntary departure period "has the effect of automatically terminating the grant of voluntary departure." The same is true of a petition for review in federal court. The alternate order of removal then takes effect.
The rule also says the penalties for failing to depart do not apply if you filed the motion during the departure period. Still, choosing between leaving on time and challenging the decision is a decision to make with a lawyer, before the deadline. See You get one motion to reopen and the petition for review.
If you do not leave in time
INA 240B(d) sets the penalties for someone who "voluntarily fails to depart" within the time allowed:
- a civil penalty of $1,000 to $5,000, which the regulation presumes will be $3,000 unless the judge or Board sets another amount; and
- ineligibility for 10 years for voluntary departure and for relief under INA 240A (cancellation of removal), 245 (adjustment of status, including most green cards), 248 and 249.
The alternate order of removal also takes effect. In other words, staying past the deadline turns a better outcome into a worse one.
If voluntary departure is on the table
- Ask your lawyer whether it fits your goals. It can preserve options for returning legally later, but it also ends your case here.
- Write down every date the judge gives you: the bond deadline, the departure date, and any appeal deadline.
- Post the bond on time and keep the receipt.
- Keep proof that you left, such as a boarding pass and passport stamps, and follow any instructions for reporting your departure.
- Do not file anything during the period without first talking to your lawyer about what it does to the grant.
Questions people ask
What is the difference between voluntary departure and removal?
With voluntary departure, you leave on your own by a set date and are not removed under an order, which can matter for coming back later. Every grant comes with an alternate order of removal that takes effect if you do not comply.
Can I appeal if I accepted voluntary departure early in my case?
Early voluntary departure, before the end of the case, requires you to waive appeal of all issues. At the end of the case, you can appeal, but you must prove to the Board within 30 days that you posted the bond.
What happens if I file a motion to reopen during my departure period?
Under 8 C.F.R. 1240.26, filing a motion to reopen or reconsider during the period ends the grant of voluntary departure automatically, and the alternate removal order takes effect. The penalties for failing to depart do not apply in that case. Talk to a lawyer before filing.
Sources
Every rule in this post was checked against these primary sources on November 5, 2026. Law in this area changes often; if you are reading this much later, ask a lawyer what has moved.
More on this from other sources
- Litigation-Related Update: Sileiri Doe Class Members May Request Reopening or Reconsideration of an Adverse Decision Without a Fee (opens USCIS alerts in a new tab)
- Haley Stevens faces push for removal from House Dem caucus (opens Axios in a new tab)
- In Major Setback for Due Process, Fifth Circuit Ruling Denies Immigrants the Opportunity to Challenge Their Detention (opens Immigration Impact in a new tab)
- How Do You Lose an Appeal at the BIA? File an Appeal at the BIA. (opens The Asylumist in a new tab)
- California's 'No Vigilantes Act' requiring ID from immigration agents blocked by 9th Circuit (opens Los Angeles Times in a new tab)
- Fifth Circuit Hears Major Case Over Right to Challenge Immigration Detention (opens Immigration Impact in a new tab)
Headlines from other publishers, updated November 5, 2026. We link to them; we do not write or endorse them. All news and blogs
Videos worth watching
- What is Voluntary Departure? 🤔 (opens YouTube in a new tab)
- Asylum Case Denied in Immigration Court? Here's How to Appeal a Judge's Deportation Order to the BIA (opens YouTube in a new tab)
- Pro Se BIA Appeal | Episode 1: Introduction to BIA Appeals (opens YouTube in a new tab)
Videos by other creators, picked for clarity. Older videos can show old fees or rules; the dates and amounts in our posts are current as of the date shown at the top.
Written by
Alexander Susi, Esq.
Executive Senior Associate · Admitted in NY, NJ, PA
Alexander Susi handles immigration matters from deportation defense through asylum, along with civil and commercial litigation. He is admitted in New York, New Jersey and Pennsylvania, in the Second Circuit, and before the immigration courts and the Board of Immigration Appeals. He studied at New York University and Boston University School of Law.
