Voluntary departure · INA § 240B · Immigration court
Voluntary departure lawyers in Allentown, PA: the deadline is the deal.
Advice and representation for people in immigration court who are weighing voluntary departure, early in the case or at its end: whether it is available, what it gives up, how the bond and the departure date work, and what it means for a later motion or appeal.
Voluntary departure is not a pause. Only DHS can extend the date, and never past the legal maximum, and filing a motion to reopen or reconsider during the period ends the grant at once and puts the removal order into effect.
Three moments
Voluntary departure comes at three points, each with its own rules.
The statute lets the government permit a person to leave at their own expense instead of being removed. When it is granted decides how long you have, what you give up, and whether a bond is required.
Granted by DHS instead of a court case
DHS officers may grant voluntary departure in place of removal proceedings, for no more than 120 days in total, in writing on Form I-210. They may require a bond, detention until departure, or departure under escort. A denial cannot be appealed, but the request can be made again to a judge.
Compare the optionsEarly in the case: up to 120 days
Requested no later than the master calendar hearing at which the case is first set for a merits hearing. You concede removability, withdraw other applications, and waive appeal. The statute sets no minimum time in the United States, but the judge still decides as a matter of discretion.
See the requirementsAt the end of the case: up to 60 days
Granted by the judge after the final hearing, often as an alternative to another application. It requires one year of physical presence before the Notice to Appear was served, five years of good moral character, a travel document, and clear and convincing proof that you can and will leave. A bond is mandatory.
How the bond worksEvery grant comes with a removal order
When a judge grants voluntary departure, the judge also enters an alternate order of removal. Leave on time and that order is never carried out. Stay past the date, or end the grant by filing a motion or a petition for review, and the removal order takes effect.
What happens if you stayWho cannot receive it
An aggravated felony conviction or a terrorism or security ground bars both kinds. People arriving at a port of entry cannot receive the early version, and someone previously granted voluntary departure after being found inadmissible as present without admission cannot receive it again.
Read the eligibility questionsWhen the person is held by ICE
For people in ICE custody, the order of steps matters. ICE may keep a person in custody until a post-conclusion bond is posted, and departures arranged with DHS can include detention until the person leaves. Custody, the bond, and travel have to be planned together.
Immigration bond hearingsTwo different bonds. A voluntary departure bond exists to make sure you leave on time. It is a different bond, under a different part of the law, from the immigration bond that releases someone from detention.
Side by side
Pre-conclusion and post-conclusion voluntary departure ask different things of you.
The early version gives more time and has fewer requirements, but it costs your other applications and your appeal. The later version lets you present your case first, but the requirements are stricter and the bond is mandatory.
| DHS, before proceedings | Pre-conclusion · INA § 240B(a) | Post-conclusion · INA § 240B(b) | |
|---|---|---|---|
| Longest period | 120 days in total, including extensions. | 120 days. | 60 days. |
| When to ask | Before a case is filed, or through DHS counsel after it starts. | At or before the master calendar hearing where the case is first set for a merits hearing. After 30 days past that hearing, only a stipulation by DHS allows it. | At the end of the case, with evidence presented at the hearing. Raising it for the first time on appeal is treated as a request to send the case back, which needs its own showing. |
| What you give up | A hearing before a judge. | Every other application for relief, any challenge to the charges, and the appeal of all issues. | Nothing in advance: other applications are decided first, and an appeal remains possible. |
| Requirements | A request, DHS's discretion, and agreement to its conditions. | No aggravated felony and no terrorism or security ground; a travel document, or diligent efforts to obtain one; and a favorable exercise of discretion. | One year of physical presence before the Notice to Appear was served, five years of good moral character, no aggravated felony or security ground, a travel document, and clear and convincing proof of the means and intent to leave. |
| Bond | Possible, as DHS decides. | Possible, as the judge decides. | Required, and posted with ICE within 5 business days of the order. |
| Travel document | Presented to DHS for inspection. | Presented to DHS. If it is not yet available, the judge may grant up to 120 days on condition that it is presented within 60 days. | Required before the grant, as part of the proof that you can leave. |
General comparison only. In limited situations the Board can grant voluntary departure itself on appeal. At the end of a case the judge must state the bond amount and the conditions before granting it, and you may decline if you do not accept them; the amount of the civil penalty for failing to leave must also be stated when it is granted.
The bond and the date
Two clocks start the day it is granted.
The departure period and the bond deadline run at the same time and do not wait for each other. Missing the bond does not cancel the duty to leave, and an appeal does not excuse the bond.
- 01
Hear the terms before you accept
At the end of a case, the judge must state the bond amount, the duty to post it, and any other conditions before granting voluntary departure, and you may decline if you cannot meet them. The order must also tell you the penalties for failing to leave.
- 02
Post the bond with ICE within 5 business days
A post-conclusion bond is posted with the ICE Field Office Director within 5 business days of the judge's order. If appeal was waived and the bond is not posted, the removal order takes effect at once, although leaving within 25 days of that failure and proving it to DHS keeps the departure from counting as a removal.
- 03
If you appeal, prove the bond to the Board
A person granted voluntary departure at the end of the case may still appeal, but proof that the bond was posted must be submitted to the Board within 30 days of filing the appeal, or the Board will not reinstate the departure period. If the appeal is later withdrawn, the period runs from the judge's decision, not from the withdrawal.
- 04
Secure the travel document
Early voluntary departure may be granted while a passport is still being obtained, but only for up to 120 days and on condition that the document is presented to DHS within 60 days or any extension DHS allows. If it is not, the grant ends automatically and the removal order takes effect.
- 05
Count the days correctly
The Supreme Court has held that a 60-day voluntary departure deadline falling on a weekend or legal holiday extends to the next business day. Only DHS officials can extend the time, not the judge or the Board, and never beyond the 120- or 60-day maximum.
- 06
Leave, and keep the proof
Departing within the period satisfies the bond, and you then ask ICE to cancel it with proof of a timely departure, in the form ICE requires. Keep the boarding pass, passport stamps, and any consular record; they are what later shows that you left on time.
Failing to depart
Staying past the date costs more than the bond.
The statute attaches penalties to a voluntary failure to leave, and they follow the person for years. A few narrow exceptions exist, and each one depends on facts that have to be proven.
What the law imposes
- A civil penalty within a range set by statute. The judge or the Board states the amount when granting voluntary departure, and DHS now imposes the penalty and decides appeals of it.
- Ten years without most relief: no voluntary departure, cancellation of removal, adjustment of status, change of status, or registry.
- The removal order takes effect. The alternate order becomes final when the period ends, so a later departure counts as a removal, with the bars on return that follow and the need for permission to reapply (Form I-212).
- Willfulness is not required. A 2026 Board decision upheld a penalty against a person who simply did not leave, and treated notice sent to the lawyer of record as notice to the client.
- A late motion does not erase it. Reopening a case after the period has expired does not undo penalties that have already taken effect.
When the penalties do not apply
- A motion filed in time. A motion to reopen or reconsider filed before the period ends terminates voluntary departure, but the failure-to-depart penalties do not apply.
- A petition for review. Filing one in the court of appeals also ends the grant, and the penalties do not apply to a person who files it and remains in the United States while it is pending.
- Not a voluntary failure. The Board has held that a person did not voluntarily fail to depart if, through no fault of their own, they did not know of the order or were physically unable to leave in time. It has also held that it cannot create a broader hardship exception.
- Survivors of abuse. The ten-year bar does not apply to cancellation or adjustment based on a VAWA petition where battery or extreme cruelty was at least one central reason for staying past the date.
- Weekend and holiday deadlines roll to the next business day, so the last day may be later than the calendar suggests. Confirm it before relying on it.
Do not let the date pass without advice. If something makes it impossible to leave on time, such as a hospitalization, a missing passport, or a canceled flight, talk to a lawyer before the date about asking DHS for an extension, keep records made at the time, and do not assume the reason will excuse an overstay.
Motions, appeals, and federal court
Challenging the decision usually ends voluntary departure.
Voluntary departure is an agreement to leave. The regulations treat most later challenges as giving up that agreement: the grant ends, the removal order takes effect, and the penalties for overstaying do not apply. The order in which things are filed decides what survives.
Check the departure date before anything is filed. A motion to reopen or reconsider, or a petition for review, filed during the period ends the grant that day. Filed after the period has expired, it comes too late to avoid the penalties.
- Motion to reopen or reconsider. Filed during the period, it automatically terminates voluntary departure and does not pause or extend the time. The alternate removal order takes effect, and the date the order became final does not change, which matters for motion deadlines.
- Reinstatement. If a case is reopened for another purpose before the original period expires, the judge or the Board may reinstate voluntary departure, still within the 120- or 60-day maximum.
- Appeal to the Board. Early voluntary departure requires waiving appeal. After a post-conclusion grant an appeal is allowed, but proof of the bond must be submitted to the Board within 30 days of filing, and the Board decides whether to reinstate the period. See appeals and federal litigation.
- Petition for review. Filing in the court of appeals ends voluntary departure and puts the removal order into effect. A person granted voluntary departure at the end of the case who leaves within 30 days of filing, and proves the departure and continued absence to DHS, is not treated as having left under a removal order.
- Federal courts cannot keep it alive. The Third Circuit has held that it cannot stay voluntary departure once a petition for review is filed, because the regulation ends the grant on filing, and the statute bars court review of a denied request for voluntary departure at the end of a case.
- Stays are separate. Outside in absentia cases, filing a motion to reopen or reconsider does not stop a removal on its own, so a stay request is planned with it. See motions to reopen.
Is it the right move?
Voluntary departure is a strategy, not a default.
For some people it protects the future: leaving on time, without a removal order, can keep a later visa path simpler. For others it gives away protection or relief they could have won. The answer depends on what you could win in court and what you could do after leaving.
When it can fit
- No relief is realistically available after a full review of asylum, cancellation of removal, family-based options, and other relief.
- A way back exists. A family or employer petition may lead to an immigrant visa abroad, and leaving on time avoids the separate bar and the permission to reapply that follow a removal.
- You can actually leave on time: a valid passport, the money for the trip and any bond, and nothing such as a medical need that would keep you here past the date.
- Time to close your affairs matters. The early version allows up to 120 days to end a lease, sell a car, or arrange children's schooling.
When it can cost too much
- You fear return. Early voluntary departure requires withdrawing asylum, withholding of removal, and torture-protection claims, and those claims deserve a full review first.
- You have a viable defense or application, such as cancellation of removal, adjustment of status, or a challenge to the charges. The early version gives all of it up, including the appeal.
- Leaving would trigger an unlawful-presence bar. Voluntary departure is still a departure: a person with a year or more of unlawful presence who leaves generally faces a 10-year bar to returning, and a waiver is not always available.
- You may not be able to leave in time: no passport, a pending medical need, or no way to pay for the trip and the bond. An overstay adds the voluntary departure penalties to the removal order itself.
- You plan to file a motion or an appeal. Filing ends the grant or depends on the bond, so the sequence has to be planned before you accept.
The decision is yours, made with full information. We explain in writing what each path gives up and what it keeps open before any request is made in court. See also removal defense.
Private two-minute guide
Where does voluntary departure fit in your case?
Answer three general questions. The guide suggests where a first review should start; it does not decide eligibility, count your deadline, or send your answers to the firm.
Official starting points
Read the rule in the government's own words.
Regulations, policy, and Board precedent on voluntary departure change. Confirm the current rule for your court before relying on any summary, including this one.
Common questions
Questions about voluntary departure.
General answers help you prepare. They cannot tell you whether you qualify, which date applies to your order, or whether voluntary departure is right for your case.
What is voluntary departure?
It is permission to leave the United States at your own expense by a set date instead of being removed. DHS can grant it before a court case, an immigration judge can grant it early in the case for up to 120 days, or at the end of the case for up to 60 days. The judge also enters an alternate removal order that takes effect if you do not leave on time.
What is the difference between pre-conclusion and post-conclusion voluntary departure?
Pre-conclusion voluntary departure, under INA § 240B(a), is requested no later than the master calendar hearing where the case is first set for a merits hearing; you concede removability, withdraw other applications, and waive appeal, and the judge may grant up to 120 days. Post-conclusion voluntary departure, under INA § 240B(b), is granted at the end of the case after other relief is decided, for up to 60 days, with stricter requirements and a mandatory bond.
What are the requirements for post-conclusion voluntary departure?
The judge must find that you were physically present in the United States for at least one year immediately before the Notice to Appear was served, that you have been a person of good moral character for at least five years before the application, that you are not deportable for an aggravated felony or on security and related grounds, and, by clear and convincing evidence, that you have the means to leave and intend to do so. That proof includes a passport or other travel document. A bond is required, and the judge still decides as a matter of discretion.
How much is the voluntary departure bond?
The judge sets an amount needed to make sure you leave, and the regulation sets a minimum. At the end of a case the judge must tell you the amount before granting voluntary departure, and you may decline if you cannot accept it. The bond is posted with ICE within 5 business days of the order and can be canceled after you prove a timely departure. It is a different bond from the one that releases someone from detention.
What happens if I do not leave by the deadline?
If the failure is voluntary, you face a civil penalty and become ineligible for 10 years for voluntary departure, cancellation of removal, adjustment of status, change of status, and registry. The alternate removal order becomes final, so a later departure counts as a removal. Narrow exceptions apply, for example when a motion to reopen or reconsider was filed before the date, or when you did not know of the order through no fault of your own.
Can the departure date be extended?
Only DHS officials can extend the time a judge or the Board set, and the total can never exceed 120 days for the early version or 60 days for the post-conclusion version. Filing a motion does not extend it; it ends the grant. If a 60-day deadline falls on a weekend or legal holiday, it extends to the next business day.
Can I appeal if I accept voluntary departure?
Not with the early version, which requires waiving appeal of all issues. With post-conclusion voluntary departure you can appeal to the Board, but you must submit proof that the bond was posted within 30 days of filing the appeal, or the Board will not reinstate the departure period. If you withdraw the appeal, the period runs from the judge's decision.
What happens to voluntary departure if I file a motion to reopen?
Filed during the departure period, a motion to reopen or reconsider automatically ends voluntary departure, the alternate removal order takes effect, and the failure-to-depart penalties do not apply. Filed after the period has expired, it does not change the period, and granting it does not erase penalties that already took effect. A motion generally does not stop removal on its own, so a stay may also be needed.
If I leave under voluntary departure, can I come back?
Leaving on time means you did not leave under a removal order, so the removal bar and the need for permission to reapply generally do not apply. Other bars still can: a person who built up a year or more of unlawful presence generally cannot return for 10 years without a waiver. If a family or employer petition could bring you back, plan the return before you accept.
What does it cost?
Government costs can include the voluntary departure bond and your own travel, and EOIR fees for any related filing change and are confirmed on the day of filing. Our legal fee is quoted as a flat fee after we review the case, and payment plans are available.
Voluntary departure at a glance
- Who we represent
- People in immigration court, detained or not, and their families, in Allentown and across Pennsylvania, New Jersey, and New York.
- Languages
- English and Spanish.
- Pre-conclusion
- Up to 120 days; requested by the master calendar hearing where the case is first set for a merits hearing; concede, withdraw other relief, and waive appeal.
- Post-conclusion
- Up to 60 days; one year of presence, five years of good moral character, a travel document, and the means and intent to leave; bond posted with ICE within 5 business days.
- Failure to depart
- A civil penalty and a 10-year bar on voluntary departure, cancellation, adjustment, change of status, and registry, with narrow exceptions.
- Key authority
- INA § 240B (8 U.S.C. § 1229c); 8 C.F.R. §§ 240.25, 1240.26, and 1241.1(f).
- Office
- 609 W. Hamilton Street, No. 102, Allentown, PA 18101 · (484) 763-4984
Information reviewed against official sources, including the Immigration and Nationality Act, DHS and EOIR regulations, and the Board Practice Manual, on October 8, 2026. General information, not legal advice; it does not decide eligibility, calculate a departure date for a particular order, or create an attorney-client relationship. Regulations, fees, and Board precedent change, sometimes within weeks.
Reviewed and updated
The order · The date · The way back
Send the hearing notice or the order. We will explain whether voluntary departure fits and what it would cost you.
Start with the A-number, any hearing notice or decision, your passport, the date you entered and every departure since, any family or employer petition, and anything that could keep you from traveling on time.
English and Spanish · Allentown · Pennsylvania · New Jersey · New York · Representation where permitted