When facing possible removal from the U.S., you may hear terms like “Voluntary Departure” and “Self-Deportation.” While both involve leaving the country, they are not the same and have vastly different legal consequences.
| Feature | Voluntary Departure | Self-Deportation |
| Legal Status | An authorized legal decision granted by an Immigration Judge or the Department of Homeland Security (DHS). | The act of leaving the U.S. on your own without an official court order or approval. |
| Legal Record | You do not receive a formal deportation or removal order on your record. | May still result in an official removal order, especially if you leave while your case is pending (in absentia), potentially triggering re-entry bars. |
| Future Re-entry | May make it easier to return legally in the future, as you avoid the automatic re-entry bars associated with a formal removal order. | Does not guarantee an easier return; consequences like unlawful presence bars may still apply. |
| Conditions | Comes with strict deadlines and conditions. Failure to leave on time automatically converts your case into a formal removal order. | No official deadlines or conditions, but also no legal protections. |
The Major Benefit: Avoiding Automatic Re-entry Bars
The most significant advantage of Voluntary Departure is that it allows an individual to leave the country without an order of removal (deportation) on their record.
A formal removal order typically triggers a severe bar to re-entry to the U.S., making a person inadmissible for:
- 5 years (for those removed in expedited proceedings).
- 10 years (for those removed after a final order from a judge).
- 20 years or even permanently for repeat offenders or those with aggravated felony convictions.
Crucially, accepting a grant of Voluntary Departure allows you to avoid these mandatory 5, 10, or 20-year bars to re-entry, making it much easier to apply for a visa or other immigration benefit in the future.
Note: Voluntary Departure does not waive the separate 3-year or 10-year bars that may be triggered by accruing unlawful presence in the U.S. and then departing. However, a person who leaves under Voluntary Departure may still be eligible to apply for a hardship waiver (I-601/I-601A) to overcome the unlawful presence bar, an option that is far more difficult to pursue after a formal deportation order.
Situations Where Voluntary Departure is Beneficial
Voluntary Departure is typically a beneficial option for a non-citizen who has exhausted all defenses against removal but wishes to preserve their right to return legally in the future.
- Family Petitions are Pending: If a U.S. citizen relative has filed an immigrant petition (I-130) on your behalf, Voluntary Departure allows you to leave, wait for the priority date to become current, and then apply for an immigrant visa through consular processing without the added obstacle of a prior deportation bar.
- Unlawful Presence is Minimal: If you have accrued less than one year of unlawful presence and are denied all other relief, taking Voluntary Departure allows you to leave without triggering the automatic 10-year bar associated with a removal order.
- Time to Settle Affairs: Voluntary Departure grants a grace period (up to 120 days pre-hearing or 60 days post-hearing) to leave on your own, providing necessary time to close bank accounts, sell property, say goodbye to family, and arrange travel, which a swift deportation process does not allow.
Voluntary Departure While in Detention
Yes, Voluntary Departure can be requested while an individual is held in immigration detention. In fact, many individuals who are detained by U.S. Immigration and Customs Enforcement (ICE) ultimately choose to seek Voluntary Departure to resolve their case and exit detention, rather than spend extended time in custody fighting a case they are likely to lose.
How to Request Voluntary Departure (Even While Detained):
Voluntary Departure must be requested directly from the authority with jurisdiction over your case—either the Department of Homeland Security (DHS) or an Immigration Judge (IJ).
- During Court Proceedings: You must appear before an Immigration Judge (IJ) and formally request Voluntary Departure. This is usually done at a Master Calendar Hearing or at the conclusion of your proceedings.
- Key Requirements: You must admit to being removable, waive your right to appeal, demonstrate the financial ability and intention to leave, and generally have not been convicted of an aggravated felony. You will have to buy your own travel ticket and may be required to post a bond (usually a minimum of $500) that is returned only after you prove you departed on time.
The Takeaway:
