Voluntary Departure: Is It a Good Option in Immigration Court?
Voluntary departure allows you to leave the US on your own — rather than being formally deported — which avoids some of the most severe long-term consequences of a deportation order. It can be a strategic option for some people, but it also has important limitations.
Reviewed by Gracie Johnson, Certified Specialist in Immigration and Nationality Law, State Bar of California, California State Bar #276536
Last reviewed: July 2, 2026
Voluntary departure (VD) is a form of relief that allows a person in removal proceedings to leave the US voluntarily, avoiding a formal order of removal on their record. Under INA § 240B, voluntary departure can be granted before or at the conclusion of removal proceedings. If granted before the case is completed, you have up to 120 days. If granted at the end of proceedings, you have up to 60 days.
The main benefit of voluntary departure over a removal order is that it avoids the 10-year bar on re-entry that a formal removal order can trigger. If you depart voluntarily and later become eligible for an immigrant visa (through a family petition, for example), you may be able to apply to re-enter without facing the bar that a removal order would impose.
However, voluntary departure has a major risk: if you do not leave within the granted time period, you receive an automatic removal order, are barred from applying for most forms of relief for 10 years, and can face civil penalties. If you cannot realistically leave within the time allowed, voluntary departure may not be a viable option.
Whether voluntary departure is the right strategy depends entirely on your situation: your eligibility for other relief, your ability to actually leave, your prospects for re-entry, and your ties to the US. Consult Gracie Johnson Law at (310) 554-4630 before making this decision.
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Also available in Spanish: Salida Voluntaria: ¿Es una Buena Opción en la Corte de Inmigración?