Voluntary Departure
What does "Voluntary Departure" mean in law?
Voluntary departure is a discretionary benefit under INA section 240B that allows a noncitizen in removal proceedings to depart the United States at their own expense within a specified time period, in lieu of a formal removal order. It may be granted either before the conclusion of proceedings (up to 120 days to depart) or at the conclusion of proceedings (up to 60 days). The principal advantage is avoiding the severe consequences of a formal removal order, which include a five-, ten-, or twenty-year bar to reentry and potential criminal penalties for unlawful reentry under INA section 276. However, failure to depart within the granted period triggers an automatic fine and renders the individual ineligible for certain forms of relief for ten years, making compliance critical.
Definition
Voluntary departure is a discretionary benefit under INA section 240B that allows a noncitizen in removal proceedings to depart the United States at their own expense within a specified time period, in lieu of a formal removal order. It may be granted either before the conclusion of proceedings (up to 120 days to depart) or at the conclusion of proceedings (up to 60 days). The principal advantage is avoiding the severe consequences of a formal removal order, which include a five-, ten-, or twenty-year bar to reentry and potential criminal penalties for unlawful reentry under INA section 276. However, failure to depart within the granted period triggers an automatic fine and renders the individual ineligible for certain forms of relief for ten years, making compliance critical.
Example
An immigration judge grants voluntary departure to a visa overstay respondent who has no criminal record, allowing her 60 days to leave the country on her own terms and preserving her ability to apply for a visa in the future without the burden of a removal order.