If you or someone you know is undocumented in the United States, you might have heard about something called voluntary departure. It’s a legal option that lets people leave the U.S. on their own, instead of being deported by immigration authorities. But before making any decisions, it’s important to understand what it really means, how to apply for it, and what the risks are.
This article will help you understand:
- ✈️ What is voluntary departure?
- ⚠️ What are the risks?
- 🙋🏽♂️ Self-deportation vs. voluntary departure?
- 📰 What’s new in 2025?
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😖 What should I do?
1. ✈️ What Is Voluntary Departure?
Voluntary departure means choosing to leave the U.S. without being ordered to leave by a judge.
There are two types of voluntary departure, depending on when you ask the judge for voluntary departure. Both types of voluntary departure must be approved by a judge.
- The first type is called pre-conclusion, which means that you ask for voluntary departure before you get a final decision on your immigration case.
- ⭐ Approval for pre-conclusion voluntary departure is easier to get.
- The second type is called post-conclusion, which is when you ask for voluntary departure at the end of your immigration case. This usually means that the judge has already decided that you will not be allowed to stay in the U.S., and ordered your removal (deportation). At that point, you can ask to leave voluntarily instead.
- ⭐ Post-conclusion voluntary departure is usually more difficult to get approved.
To apply for either type of voluntary departure, you must ask for it directly from the judge during your court hearing. To be granted voluntary departure, you must:
- admit to being in the U.S. without immigration documents,
- and you must withdraw any application or petition for immigration benefit that you have submitted.
If you are granted voluntary departure, you must leave the U.S. within a certain amount of time (usually 90 or 180 days). If you are granted voluntary departure and you do not leave on time, you could face very serious consequences, such as expensive fines and being barred from coming back in the U.S.
- Note: For more information on how to apply for voluntary departure on your own (remember: we recommend speaking with an attorney to help you through this process) check out this guide from the Florence Project.
Why would I want to ask for voluntary departure?
If you are granted voluntary departure, you can avoid having a removal/deportation order on your record. This could possibly make it easier for you to apply for an immigration benefit, such as a visa, in the future. However, voluntary departure can also have serious negative consequences for your future immigration case. Keep reading to understand some of the risks with asking for voluntary departure.
2. ⚠️ What are the risks?
Even though it sounds like a helpful option, voluntary departure can have serious consequences:
- ⚠️ If you’ve been in the U.S. without papers for over a year, leaving voluntarily can trigger a 10-year ban from coming back.
- Note: this does not apply to minors. If you leave the U.S. before turning 18, you will not accrue unlawful presence.
- ⚠️ You may have to give up your chance to apply for asylum or other legal protections.
- ⚠️ If you don’t leave on time, you could face fines up to $998 per day and be barred from re-entry.
- ⚠️ In most cases, you will need to pay for your own travel back to your country of origin.
3. 🙋🏽 Self-deportation vs. Voluntary Departure?
Careful! Although these two terms sound similar, they are not the same thing.
Self-deportation is an informal term. It basically means that you leave the U.S. on your own, without getting permission from a judge. Self-deportation can have many of the same risks as voluntary departure. And on top of those risks, there is the possibility that you will end up with a removal order on your record.
Remember, Voluntary Departure is a formal legal process approved by an immigration judge. You must meet certain requirements and leave within a set time. If you follow the rules, you avoid a deportation order on your record. Only a judge can grant a voluntary departure.
4. 📰 What’s new in 2025?
On May 5, 2025, President Trump announced a new self-deportation program through the CBP Home App. It offers money and travel assistance for those you want to self-deport (leave the country on their own). Immigrants who are in the U.S. illegally can use the CBP Home App to submit an ‘Intent to Depart’ form. In return, they receive free travel back to their home country, a $1000 stipend, and any enforcement actions (like detention) against them will be paused.
🔔 Important note: although you may hear the words ‘voluntary departure,’ this program is a form of self-deportation. This program is not the same as traditional voluntary departure granted by an immigration judge.
This process is not a legal immigration benefit and does not protect your ability to return to the U.S. in the future. Remember, if you’ve been in the U.S. without immigration status for more than 180 days, leaving the country through this program can cause you to be barred for re-entry to the U.S. for three or ten years (note: this does not apply to minors. If you leave the U.S. before turning 18, you will not accrue unlawful presence. ).
5. 😖 What should I do?
Don’t make this decision alone. Voluntary departure or self-departing might seem like good options, but it’s a big decision with long-term effects. The long-term effects can depend on many factors of your immigration case.
Talk to an immigration attorney before you make any decisions about voluntary departure or self-deportation. An attorney can help you understand your rights and how voluntary departure could affect your immigration case.
- 📌 Note: don't sign anything without taking to an attorney first.
- ☝🏾 Know your rights! Remember, you have the right to remain silent, and the right to legal counsel. You do not have to sign anything without having the opportunity to talk to your attorney first.
If you need help finding an attorney, contact us.
For more information about finding and working with an attorney, check out this article.
This page provides general information and should not be considered legal advice. Please be sure to speak to an attorney about your specific case.
Sources:
Department of Justice. (January 2022). Do You Just Want to Go Home? Information on Voluntary Departure. https://www.justice.gov/eoir/page/file/1480811/dl
NEPYORK. (February 15, 2025). Legal Experts Urge Immigrants in the U.S. Not to Choose Voluntary Departure Out of Fear If Detained by ICE. https://nepyork.com/2025/02/15/legal-experts-urge-immigrants-in-the-u-s-not-to-choose-voluntary-departure-out-of-fear-if-detained-by-ice/
Immigration Equality. (Accessed June 2025). Asylum Manual: Voluntary Departure. https://immigrationequality.org/asylum/asylum-manual/immigration-basics-voluntary-departure/
Shepelsky Law. (May 2025). How to Leave the U.S. Voluntarily: What You Need to Know in 2025 (Self-Deportation). https://shepelskylaw.com/leave-us-voluntarily-self-deportation-consequences/