Voluntary Departure & When To Take It

 Posted on October 30, 2026 in Immigration

Voluntary departure allows you to leave the United States on your own rather than being removed by immigration officials. It can help you avoid restrictions tied to a removal order. However, it does not erase other immigration problems or guarantee that you can return. You pay for your travel and leave by a deadline. If you face removal proceedings in 2026, a Chicago-area deportation defense lawyer can explain your options.

What Is Voluntary Departure?

Under 8 U.S.C. § 1229c, eligible people can leave without being removed under a court order. An immigration judge can grant this option during removal proceedings. Immigration officials can also grant it before proceedings begin.

A major benefit is avoiding the restrictions tied to a removal order. A removal order can create a separate legal barrier to returning to the United States. That restriction can last many years. However, voluntary departure does not erase the time you spent in the country without lawful status.

Leaving after one year or more of unlawful presence can trigger a 10-year bar on returning. A three-year bar can apply in certain cases involving more than 180 days but less than one year. These cases often involve departure before removal proceedings begin. An attorney can review these risks before you leave.

When Can You Request Voluntary Departure?

There are two main options. The requirements depend on when you ask.

Before Proceedings End

You can request voluntary departure early in your case. The judge can allow up to 120 days to leave. You generally must agree that you can be removed, withdraw other requests to stay in the country, and give up your right to appeal.

At the End of Proceedings

You can ask for voluntary departure if the judge denies other relief. The limit is 60 days. You need one year of physical presence before receiving your Notice to Appear, which starts the court case. You also need five years of good moral character and proof that you can leave.

Some convictions and security grounds prevent eligibility. Approval is not automatic, even when you meet the requirements. At the end-of-proceedings stage, you must post a bond of at least $500 within five business days. A bond is money held to encourage timely departure.

What Happens if You Miss the Voluntary Departure Deadline?

Missing the deadline can make your immigration situation worse. The civil fine can range from $1,992 to $9,970 after inflation adjustments. You can also become ineligible for certain immigration benefits for 10 years. These include adjustment of status, which is the process of applying for a green card from inside the United States.

The judge also enters an alternative removal order. Missing your deadline can make that order effective and cause you to lose your bond. Some special protections apply to certain survivors of domestic abuse. Whether an exception applies depends on the circumstances.

In 2025, the Supreme Court ruled that a 60-day voluntary departure deadline falling on a weekend or legal holiday extends to the next business day. Do not plan to travel at the last minute. Seek legal advice if travel problems could delay your departure.

When Does Voluntary Departure Make Sense?

Voluntary departure can be worth considering when:

• You have no strong legal claim to stay in the United States.
• You can arrange travel and leave within the allowed time.
• A removal order would make a future immigration application harder.
• You have a realistic plan to live outside the United States.
• You understand any other restrictions that could prevent your return.

It can be a poor choice if you qualify for asylum, cancellation of removal, or another way to stay. Review any pending family petition or immigration application before deciding.

A lawyer can compare your options without assuming that leaving voluntarily is always best.

Schedule a Free Consultation With Our Naperville, IL Immigration Attorney

Voluntary departure can affect your family and your ability to return. Attorney Steven H. Mevorah has served immigrants throughout Northern Illinois for more than 40 years. He can review your options, explain deadlines, and help you decide how to proceed.

If you are considering voluntary departure in 2026, our firm can help you make an informed decision before you give up other options. Contact Mevorah & Giglio Law Offices at 630-932-9100 to talk to our Chicago-area deportation defense lawyer today.