voluntary departure attorney

You've already done the math. Fighting the case further isn't realistic, and you know it. What you want now is a clean exit: leave the U.S. before a judge orders you removed, keep the next ten years free of a bar you didn't have to take on, and leave the door open to come back the right way someday. The part that keeps you up at night is the mechanics: the deadline, the bond, the passport you may not have yet, and whether saying yes to voluntary departure means giving up something you didn't know you still qualified for.

Voluntary departure under INA § 240B lets an immigration judge allow someone to leave the U.S. on their own schedule instead of under a removal order. It avoids certain bars tied to removal, but requires posting a bond within 5 business days (8 C.F.R. § 1240.26(c)(3)) and departing by the exact deadline.

The Hard Truth

Voluntary departure is a trade. You give up your right to appeal that specific decision, and if you miss the departure deadline by even one day, the grant automatically converts into a removal order, you lose the bond you posted, and you pick up a 10-year bar on several forms of future relief under INA § 240B(d). Judges in Los Angeles and San Francisco Immigration Courts also don't grant it automatically — under Matter of Arguelles-Campos, 22 I&N Dec. 811 (BIA 1999), the judge weighs your conduct, criminal history, and length of residence before agreeing to it. Some people who come to us asking for voluntary departure turn out to still qualify for cancellation of removal or asylum. Signing away that claim to leave a few months sooner is usually a bad trade.

What Happens If You Wait

The 60- or 120-day departure window (INA § 240B(a)(2)(A) and (b)(2)) starts running the moment the judge signs the order, not when you feel ready to go. Wait too long to arrange a passport or travel document and you can run out the clock without ever buying a plane ticket. Miss the window and ICE treats the grant as a removal order retroactive to the original date, plus the civil penalty of $1,000 to $5,000 under INA § 240B(d)(1) and the 10-year bar on adjustment of status, cancellation of removal, and other relief. The bond you posted under 8 C.F.R. § 1240.26(c)(3) — not the $500 statutory minimum under INA § 240B(b)(3), but whatever amount the judge set — is gone the moment you're late. None of this is reversible after the fact.

Step-by-Step Process

1. Relief screening before you agree to anything: we review the full record for cancellation of removal (INA § 240A), asylum (INA § 208), or other relief you may not know you have, because voluntary departure forecloses those claims once granted.
2. Decide pre-conclusion vs. post-conclusion: pre-conclusion voluntary departure (INA § 240B(a)) must be requested before the merits hearing closes and caps at 120 days; post-conclusion (INA § 240B(b)) is decided after the judge rules against you and caps at 60 days.
3. File the motion and argue the Arguelles-Campos factors at Los Angeles Immigration Court (606 S. Olive Street) or San Francisco Immigration Court (100 Montgomery Street), per EOIR Practice Manual Chapter 5.2.
4. Confirm you have, or can obtain, a valid passport or travel document — the judge generally will not grant voluntary departure without proof one is available or being actively pursued.
5. Post the bond with ICE within 5 business days of the oral grant, per 8 C.F.R. § 1240.26(c)(3); missing this window alone can convert the grant to removal.
6. Coordinate the departure date with ICE Enforcement and Removal Operations, San Francisco Field Office, including any requested proof of departure (boarding pass, I-94 surrender, or DHS Form I-210 compliance record).
7. Depart within the period granted and keep documented proof — airline records, entry stamp from the destination country, or an ICE-confirmed I-210 notation — in case future immigration applications ask you to show compliance.

A Real-World Example

A client in the San Francisco Immigration Court docket came to us after a judge already indicated voluntary departure was likely. Before agreeing to anything, we pulled his full history and found a potential cancellation of removal claim tied to a U.S. citizen child he hadn't mentioned because he assumed it wouldn't matter. We filed for a continuance to develop that claim first. In a second, unrelated matter, a client in Los Angeles Immigration Court had no pending relief and wanted the fastest clean exit available. We filed the post-conclusion voluntary departure motion, argued the Arguelles-Campos factors around his years of residence and lack of criminal history, and once the judge set terms, tracked the 5-business-day bond deadline and helped him secure an emergency passport appointment so the 60-day clock didn't run out before he had travel documents in hand. Both cases involved the same first question — is voluntary departure even the right move — before any motion got filed.

William J. Vasquez handles removal defense matters before the Los Angeles and San Francisco Immigration Courts, including voluntary departure motions, cancellation of removal applications, and related relief screenings. His practice focuses on reviewing the full relief picture before a client agrees to any departure arrangement, and on tracking the procedural deadlines — bond posting, travel document timing, departure windows — that determine whether a voluntary departure grant actually holds.

Key Terms Explained

Voluntary Departure (INA § 240B / 8 U.S.C. § 1229c): A judge's authorization to leave the U.S. by a set date instead of under a removal order.

Pre-Conclusion Voluntary Departure: Requested and granted before the merits hearing ends; capped at 120 days under INA § 240B(a)(2)(A).

Post-Conclusion Voluntary Departure: Granted after the judge has ruled against the person on the merits; capped at 60 days under INA § 240B(b)(2).

Voluntary Departure Bond: A financial bond required under 8 C.F.R. § 1240.26(c)(3), posted with ICE within 5 business days of the grant, forfeited if the person fails to depart on time.

Form I-210 (Notice of Voluntary Departure): The DHS/ICE document used to record and monitor compliance with a voluntary departure order.

Matter of Arguelles-Campos, 22 I&N Dec. 811 (BIA 1999): The BIA decision setting out the discretionary factors — equities, criminal history, conduct during proceedings — judges weigh before granting voluntary departure.

Unlawful Presence Bars (INA § 212(a)(9)(B)): Separate 3-year and 10-year bars on reentry triggered by time spent unlawfully present in the U.S., distinct from the penalty for failing to comply with a voluntary departure order.

Cancellation of Removal (INA § 240A): A form of relief that, if granted, allows a person to keep lawful status instead of departing at all — one of the claims we check for before recommending voluntary departure.

Frequently Asked Questions

Q: What happens if I miss my voluntary departure deadline by even one day? A: The grant automatically converts to a removal order effective as of the original decision date, you forfeit the bond under 8 C.F.R. § 1240.26(c)(3), and you become subject to the civil penalty and 10-year relief bar under INA § 240B(d).

Q: Is voluntary departure better than a removal order for future immigration? A: Generally yes — a removal order carries its own reentry bars and shows up in future background checks as a formal removal, while a completed voluntary departure does not, though the unlawful presence bars under INA § 212(a)(9)(B) can still apply separately based on time already spent without status.

Q: Can I still ask for cancellation of removal instead of voluntary departure? A: Possibly — cancellation of removal under INA § 240A has its own eligibility rules around continuous presence and hardship, and it has to be evaluated before you agree to voluntary departure, because accepting voluntary departure generally forecloses raising that claim later in the same case.

Q: Can I get more time if my passport is delayed? A: Courts can be reluctant to extend the statutory 60- or 120-day caps under INA § 240B, so the better approach is applying for emergency travel documents through your country's consulate as soon as the motion is filed, not after the grant.

Q: Do I need an escort to leave, or can I depart on my own? A: Voluntary departure under INA § 240B is self-executing — you arrange and pay for your own departure and provide proof, unlike a formal removal where ICE arranges the physical removal.

Clients consistently describe a process where our team explained the bond deadline and departure window in concrete terms before any motion was filed, rather than after the judge's order was already signed. Reviews across our immigration practice point to the same theme: clients want to know exactly what paperwork is due and by when, and that's what they report getting.

If a judge has already raised voluntary departure in your case, or you're considering asking for it yourself, the decision is easier to get right before the hearing than to fix after the order is signed.

Schedule a consultation with our removal defense team before you agree to voluntary departure terms. We'll review whether cancellation of removal, asylum, or other relief is still available, and if voluntary departure is the right move, we'll map out the bond deadline, travel document timing, and departure window so the grant actually protects your ability to return legally.