Voluntary Departure

Voluntary departure is a benefit granted by the immigration judge that allows an individual to depart the U.S. at his/her own expense within a designated period of time in order to avoid a final order of removal.

If ineligible for any immigration benefit that would allow them to remain in the U.S., they should consider applying for and accepting voluntary departure. The advantage of voluntary departure is that those who comply with the order of the judge and leave within the designated period of time will not be subject to the five (5) or ten (10) year bars to returning to the U.S. that someone with a final order of removal would otherwise have.

Those who request voluntary departure at the Master Calendar hearing or prior to the conclusion of the removal proceedings, may be granted up to 120 days to leave the U.S. voluntarily. Those who request voluntary departure after the conclusion of the removal proceedings, may only be granted up to 60 days to depart the country voluntarily.

For additional information on the specific requirements to qualify for voluntary departure, please contact our office.

In addition to these forms of relief from removal, an individual may qualify for additional forms of relief. Please contact our office to arrange for a consultation.