Written by Jayson Elliott · Attorney, Bay Legal PC · CA Bar No. 332479 · Last reviewed April 2026
Voluntary Departure — Leave on Your Terms
Key Takeaways
- Voluntary departure allows you to leave the U.S. without a formal removal order on your record
- It preserves future immigration options that would be barred by a deportation order
- You must leave by the deadline — failure triggers a removal order plus a 10-year bar on certain relief
- It may be the best option when no defense to removal is available
What Is Voluntary Departure?
Voluntary departure is a form of relief that allows you to leave the United States at your own expense by a specific deadline, without the government issuing a formal removal (deportation) order. This distinction matters because a formal removal order carries a 10-year bar on re-entry, while voluntary departure does not carry this automatic bar.
When Voluntary Departure Makes Sense
Voluntary departure is often the best option when no viable defense to removal exists, you want to preserve future immigration options, you have the means to depart on your own, and you want to avoid the collateral consequences of a formal deportation order.
Critical Warning: The Departure Deadline
If you are granted voluntary departure and fail to leave by the deadline, the grant automatically converts to a removal order and you face a 10-year bar on cancellation of removal, voluntary departure, and adjustment of status. This penalty is severe — do not agree to voluntary departure unless you are certain you will depart on time.
Bay Legal PC — Removal Defense Attorneys
Bay Legal PC in Palo Alto handles removal defense cases throughout California. Free initial consultations available.
Get a Free Consultation →Frequently Asked Questions
Is voluntary departure the same as self-deportation?
No. Voluntary departure is a formal grant from an immigration judge with specific legal consequences. It is different from simply leaving the country on your own.
Can I come back to the U.S. after voluntary departure?
Voluntary departure itself does not bar re-entry, but other bars may apply depending on how long you were unlawfully present. If you were unlawfully present for more than 1 year, a 10-year re-entry bar applies regardless.
Do I have to pay for my own flight with voluntary departure?
Yes. You must depart at your own expense by the deadline. You may also be required to post a voluntary departure bond.
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Jayson Elliott, Bay Legal PC · Palo Alto, California
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