Voluntary Departure

Voluntary departure, which can be granted by Immigration Judges as well as the Department of Homeland Security, is the right of any individual who has been denied entry to the United States to leave the country without any repercussions or penalties. Leaving the country by using voluntary departure will allow the foreigner to reapply for a new visa if necessary and eventually enter the country without any problems.

Voluntary departure can only be given to the person who demands it.  If voluntary departure is granted, the individual must willingly accept its terms and conditions. If an individual has the opportunity to leave the country voluntarily and does not do it within the time given, he or she will be ineligible to reapply for voluntary departure for a period of 10 years.  Typically people granted voluntary departure must leave the country within 120 days, although the immigration judge has the discretion to set a shorter time limit.  If an individual is granted voluntary departure at the conclusion of removal proceedings, he or she must leave the country within 60 days or less. This restriction also includes any other applications such as change of status and orders of deportations.