JLA Law Group

Voluntary Departure — Protect Your Immigration Future in Georgia

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Voluntary departure allows a noncitizen in removal proceedings to depart the United States at their own expense, without the formal entry of an order of removal. Under INA § 240B, voluntary departure provides an important benefit: unlike a formal removal order, voluntary departure does not trigger the 5-year, 10-year, or 20-year bars to readmission under INA § 212(a)(9)(A). This makes voluntary departure far preferable to a removal order for persons who may want to return legally in the future or who may be eligible for an immigrant visa through family members.

Voluntary departure is available in two forms: (1) pre-hearing voluntary departure, granted by DHS or the Immigration Judge before the merits hearing is completed, available for periods up to 120 days; and (2) post-hearing voluntary departure, granted by the Immigration Judge at the conclusion of proceedings, available for periods up to 60 days. Post-hearing voluntary departure requires that the respondent has been physically present for at least one year, has good moral character for the preceding five years, is not deportable on security or aggravated felony grounds, and posts a voluntary departure bond.

JLA Law Group advises clients in Georgia on whether voluntary departure is the right strategy for their case. For some clients, voluntary departure is the best available outcome — it preserves future immigration options and avoids the severe consequences of a removal order. For others who may have relief available, accepting voluntary departure too early may foreclose viable defenses. We carefully evaluate all available options before recommending voluntary departure.

Steps You Should Take

1

Evaluate All Available Relief Before Accepting Voluntary Departure

Voluntary departure should not be accepted without first evaluating all available defenses and relief options — asylum, cancellation of removal, adjustment of status, waivers, NACARA, and others. We conduct a full case assessment to ensure voluntary departure is the best available strategy before recommending it.

2

Request Pre-Hearing or Post-Hearing Voluntary Departure

We strategically time the voluntary departure request — pre-hearing if relief appears unavailable and early departure preserves options, or post-hearing as an alternative to a removal order after contesting the case. Pre-hearing voluntary departure grants up to 120 days; post-hearing grants up to 60 days.

3

Arrange Departure and Compliance with Bond Requirements

If voluntary departure is granted with a bond, we advise on posting the bond and the strict documentation requirements for proving departure. We help ensure clients have travel documents and can depart by the deadline to preserve future immigration options.

4

Plan Future Immigration Options Post-Departure

After departure, we assess whether the client can immediately apply for an immigrant or nonimmigrant visa based on family relationships, employment, or other grounds. We identify applicable inadmissibility grounds and whether waivers are needed. Call JLA Law Group at (770) 609-9396.

Frequently Asked Questions

What are the benefits of voluntary departure over removal?
Voluntary departure avoids: (1) the 5, 10, or 20-year reentry bars triggered by a removal order under INA § 212(a)(9)(A); (2) the permanent bar for persons removed after an aggravated felony conviction; and (3) the 10-year bar for unlawful reentry after removal under INA § 276. Persons who depart under voluntary departure can apply for visas and admission as if they had not been in proceedings, subject only to other applicable inadmissibility grounds.
What is the bond requirement for post-hearing voluntary departure?
Under INA § 240B(b)(3), the Immigration Judge must require the posting of a voluntary departure bond in an amount sufficient to ensure timely departure. The bond is set at the time voluntary departure is granted and is returned to the poster only when DHS receives evidence of the person's departure. If departure does not occur by the deadline, the bond is breached and an order of removal is automatically entered.
What happens if I fail to depart by the voluntary departure deadline?
Failure to depart by the voluntary departure deadline has serious consequences: the voluntary departure order automatically converts to a final removal order; under INA § 240B(d), the person is subject to a civil penalty of $1,000 to $5,000; and the person is ineligible for certain forms of relief — including voluntary departure, adjustment of status, and cancellation of removal — for 10 years after the deadline.
Can voluntary departure be combined with other relief applications?
Yes. Respondents who apply for asylum, cancellation of removal, or other forms of relief commonly request voluntary departure as an alternative in case their primary relief claim is denied. The Immigration Judge may grant voluntary departure as an alternative to removal at the end of proceedings. We routinely include voluntary departure as an alternative request in the event other relief is denied.
Can I change my mind about voluntary departure and seek other relief instead?
Before the departure deadline, persons who have been granted voluntary departure may file a motion to reopen if new facts, changed country conditions, or other grounds arise. However, the motion to reopen must be filed before the departure deadline — filing a motion after the deadline does not automatically stay the order and late filing can trigger the 10-year ineligibility period.

Applicable Laws

INA § 240B / 8 U.S.C. § 1229cStatutory authorization for voluntary departure, specifying eligibility requirements, maximum periods (120 days pre-hearing, 60 days post-hearing), bond requirements, and consequences of failure to depart.
8 CFR § 1240.26EOIR regulations governing voluntary departure in immigration court, including applications, conditions, withdrawal, and the automatic conversion to removal order upon failure to depart.
INA § 212(a)(9)(A) / 8 U.S.C. § 1182(a)(9)(A)Reentry bars triggered by removal orders — the primary consequence that voluntary departure avoids, making voluntary departure far preferable for persons who have any possibility of future legal immigration.
Dada v. Mukasey, 554 U.S. 1 (2008)Supreme Court decision holding that a noncitizen who has been granted voluntary departure may unilaterally withdraw the request for voluntary departure before the departure deadline in order to pursue a motion to reopen, protecting the right to seek further relief.

Related Services

Moción para ReabrirLey de InmigraciónCancelación de RemociónLey de Inmigración

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1250 Tech Dr, Suite 240

Norcross, GA 30093

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