United States Voluntary Departure Services
Voluntary departure is a legal option available to certain noncitizens facing removal from the United States. Rather than being forcibly deported by the government, individuals who are granted voluntary departure agree to leave the country at their own expense within a designated timeframe. Although it still requires the person to leave the U.S., voluntary departure can carry far fewer consequences than a formal removal order. At Cruz Torres Legal Services, we help clients nationwide assess whether voluntary departure is the right step for their situation and guide them through every stage of the process.
Benefits of Choosing Voluntary Departure
The primary benefit of voluntary departure is that it avoids a removal order on your immigration record. A removal order can trigger lengthy bars to reentry—up to 10 years in some cases—and significantly impact future immigration applications. By choosing voluntary departure, individuals may preserve more favorable options for returning to the U.S. legally in the future, such as through a family-based petition or a visa application. It also helps maintain a cleaner immigration history, which may be critical in future proceedings.
In many cases, voluntary departure allows the individual to depart the U.S. on their own terms. This can reduce stress, avoid the stigma of deportation, and provide time to make travel arrangements or tie up important personal matters. However, this form of relief must be requested and approved—often early in the removal process—and strict deadlines must be followed.
Eligibility and Requirements
Not everyone is eligible for voluntary departure, and the decision to grant it is made by either U.S. Immigration and Customs Enforcement (ICE) or an immigration judge. To qualify, individuals typically must show they have not been convicted of certain crimes, have the financial ability to depart the country, and agree to waive certain rights, such as the right to appeal the judge’s decision.
There are two stages at which voluntary departure may be requested: either before removal proceedings begin (pre-hearing voluntary departure) or at the conclusion of proceedings (post-hearing voluntary departure). Each stage comes with different conditions, and the consequences of failing to depart on time can be severe—including automatic conversion to a removal order and steep fines. Our team at Cruz Torres Legal Services helps clients understand these risks and navigate the process with precision.
Strategic Legal Support for Voluntary Departure
Because voluntary departure involves giving up the right to continue fighting your case, it should never be taken lightly. If you are not able to comply with the conditions set forth by the court when they grant you voluntary departure, (of departing by a certain set date, etc) this can result in serious consequences and sanctions. Our attorneys evaluate each client’s full immigration history and potential relief options before recommending this path. In some cases, voluntary departure may be a strategic move while waiting for a visa priority date to become current or when future eligibility may arise.
Cruz Torres Legal Services assists clients throughout the United States with filing the appropriate requests, attending hearings, and coordinating with immigration authorities to ensure a smooth and lawful departure. We are committed to helping clients preserve their legal options and protect their long-term immigration goals, even when leaving the country becomes necessary.