Voluntary Departure vs. Self-Deportation: What’s the Difference and Why It Matters

When someone is facing possible removal from the United States, terms like “Voluntary Departure” and “Self-Deportation” often come up. While both involve leaving the country, they are not the same—and the legal consequences are very different. Understanding this difference can protect your future ability to return to the U.S. legally.

Why Voluntary Departure Matters

The biggest benefit of Voluntary Departure is simple: 👉 You leave the U.S. without a deportation order on your record.

This is extremely important because a formal removal order usually triggers strict re-entry bars:

• 5-year bar for expedited removal

• 10-year bar after a final order from a judge

• 20-year or permanent bar for multiple removals or aggravated felonies

Voluntary Departure helps you avoid these bars, making it much easier to apply for a visa or re-enter legally in the future.

Important note:

Voluntary Departure does not erase the 3-year or 10-year unlawful presence bars, which apply when someone leaves the U.S. after being here unlawfully.

 However, someone who departs voluntarily may still be eligible to apply for a hardship waiver (I-601 or I-601A)—a process that becomes much harder after a formal deportation order.

When Voluntary Departure Is a Good Option

Voluntary Departure is often helpful for individuals who have no remaining defense against removal but want to preserve their ability to return legally later.

Here are the most common situations:

1. You Have a Family Petition Pending

If a U.S. citizen relative filed an I-130 for you, Voluntary Departure lets you leave the U.S., wait for the priority date, and then apply for a visa through consular processing—without the added obstacle of a prior deportation bar.

2. You Have Limited Unlawful Presence

If you have less than one year of unlawful presence, leaving under Voluntary Departure prevents you from triggering the 10-year bar that comes with a removal order.

3. You Need Time to Organize Your Affairs

Voluntary Departure gives you time—up to:

• 120 days if granted before the end of your hearing, or

• 60 days if granted at the conclusion of your case.

This allows you to close accounts, sell property, say goodbye to family, and make travel plans. A forced removal does not offer that flexibility.

Can You Request Voluntary Departure While in Detention?

Yes. Many detained individuals decide to request Voluntary Departure rather than spend long periods in custody fighting a case they are unlikely to win.

How to Request Voluntary Departure

Voluntary Departure can be requested from:

• DHS (Department of Homeland Security) before the case reaches a judge

• An Immigration Judge (IJ) during your court proceedings

Here’s what you need to know:

How the Request Works in Court

You can request Voluntary Departure at a Master Calendar Hearing or at the end of your proceedings. To qualify, you must:

• Admit that you are removable

• Waive your right to appeal

• Show you have the financial ability to leave

• Prove you intend to depart

• Have no aggravated felony convictions

You must also pay for your own travel and may have to post a departure bond (minimum $500*), which you get back only after you leave on time.

Final Thoughts

Voluntary Departure is not the right choice for everyone, but for many people, it can protect the ability to return to the U.S. in the future. It avoids harsh re-entry bars, offers time to prepare for departure, and keeps your record cleaner than a formal deportation order.

If you are facing removal, understanding this option—and acting quickly—can make a major difference in your future immigration opportunities.

For more information, contact our office at Askew & Associates, P.A. by calling 954-546-2699.

Disclaimer: this blog post is not intended to be legal advice. We highly recommend speaking to an attorney if you have any legal concerns.

*Fees, procedures, and immigration policies may change over time. Please consult with your immigration attorney for the most accurate and updated information regarding your specific case.