If you’re facing removal proceedings in the U.S., one of the most important decisions you’ll make is whether to accept voluntary departure or fight your case and risk a formal removal (deportation) order. These two outcomes carry very different consequences for your immigration future.
✅ What Is Voluntary Departure?
Voluntary departure allows a noncitizen to leave the U.S. on their own—without receiving a formal removal order.
Key features:
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Must be granted by immigration judge or DHS.
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You may be required to pay your own travel costs.
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You must leave within a set timeframe (typically 60–120 days).
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You retain the possibility of applying for future U.S. visas (depending on the case).
Benefits:
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Avoids a formal removal order on your record.
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May help protect eligibility for future immigration benefits.
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Often results in less harsh bars to reentry compared to deportation.
❌ What Is Removal?
Removal (formerly called deportation) is a formal order issued by an immigration judge requiring you to leave the U.S.
Consequences of removal include:
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A ban on reentry (often 5–10 years or longer).
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A permanent mark on your immigration record.
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Barriers to most future U.S. immigration benefits, including green cards.
Removal may follow:
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An overstay of a visa.
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An asylum denial.
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A criminal conviction.
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Unauthorized presence or employment.
⚠️ Risks of Voluntary Departure
Voluntary departure is not risk-free. If you fail to leave by the deadline:
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It automatically converts into a removal order.
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You face additional penalties, including a 10-year bar on reentry.
Also, you waive your right to appeal your case when you accept voluntary departure, so it’s crucial to understand your full legal position first.
🤝 Should You Request Voluntary Departure?
Voluntary departure might make sense if:
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Your immigration relief options are limited or weak.
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You prefer to leave on your own terms.
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You want to preserve the option to return legally in the future.
However, if you have a strong asylum, cancellation of removal, or family-based relief case, fighting removal could be the better option.
📌 Important Considerations
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Always request written confirmation of your voluntary departure terms.
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Make travel plans early—departure must be documented.
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Voluntary departure does not guarantee future visa approval but can keep the door open.
📞 If you’re facing removal proceedings, Borderless Lawyers can help you evaluate your options, protect your rights, and determine whether voluntary departure is right for you.