Voluntary Departure

Definition

Voluntary departure refers to the departure of an alien from the United States without an order of removal. The departure may or may not have been preceded by a hearing before an immigration judge. An alien allowed to voluntarily depart concedes removability but does not have a bar to seeking admission at a port-of-entry at any time. Failure to depart within the time granted results in a fine and a ten-year bar to several forms of relief from deportation.

Eligibility and Requirement

To be eligible for voluntary departure, individuals must meet the following requirements:

• Physical presence in the U.S. for a period of at least one year immediately preceding the date that the alien was placed in removal proceedings;
• Alien is, and has been, a person of good moral character for at least 5 years immediately preceding the alien’s application for voluntary departure;
• Alien is not deportable as an Aggravated Felon or Terrorist; and
• Alien has established by clear and convincing evidence that the alien has the means to depart the U.S. and intends to do so.

It is important to note that individuals are NOT eligible for voluntary departure if they have been previously permitted to voluntarily depart after having been found inadmissible as an alien present in the U.S. without admission or parole.

Is Voluntary Departure Beneficial?

 Voluntary departure provides a short period of time (up to 120 days) for a removable individual to get his or her affairs in order before departing the United States.  Although departure is at the individual’s own expense, that individual avoids deportation at the convenience of the government. Moreover, the major benefits of voluntary departure are:

• The freedom to leave the U.S. under your own power on a day of your choosing (provided that day falls within the allowable time period);
• The beneficiary of voluntary departure keeps his or her record clean of a removal order. Accordingly, the person who made a voluntary departure does not have a bar to seeking admission at a port-of-entry at any time.