Voluntary Departure vs. Deportation: Why Leaving Voluntarily May Be Your Best Option

In September 2025, the Trump administration reported that 1.6 million immigrants had “self-deported” from the United States. Behind this political statistic are 1.6 million families facing one of the most difficult decisions of their lives: should I leave the United States voluntarily, or fight deportation and risk a 10-year bar from reentry?

With 66,000 people currently in ICE detention, a record high, and mandatory detention policies eliminating bond for most detainees, many immigrants are evaluating all available options. For some, voluntary departure is not surrendering; it is a strategic legal decision that preserves the ability to return legally in the future.

This article explains the critical differences between voluntary departure and deportation, when voluntary departure makes sense, how to apply for it, and how to preserve your ability to return to the United States legally when circumstances change. Law Group International is committed to providing objective guidance during this challenging time, helping you make informed decisions that protect your long-term options and your family.

Understanding Your Options: Voluntary Departure, Deportation, and Self-Deportation

Three Different Ways to Leave the United States

Voluntary Departure

Legal Definition: A form of relief granted by an immigration judge or DHS allowing you to leave the U.S. at your own expense by a specific date.
Key Characteristics:
- Must be approved by a judge or DHS officer
- Departure deadline usually 60–120 days
- Pay for your own travel
- NO removal order on record
- Preserves ability to apply for legal reentry
- Avoids the 10-year reentry bar
Who Grants It: Immigration judge during removal proceedings or DHS/ICE before proceedings begin

Deportation / Removal Order

Legal Definition: A final, involuntary order issued by an immigration judge requiring removal from the U.S.
Key Characteristics:
- Involuntary; ICE controls timing
- Permanent removal order on record
- Triggers 10-year bar to reentry (or permanent bar in some cases)
- Minimal time to arrange property, finances, or family

“Self-Deportation”

Political Term, Not Legal Status: Refers to immigrants leaving the U.S. voluntarily due to fear of enforcement, without formal proceedings.
Key Characteristics:
- Not a legal process
- No formal protections or benefits
- May still trigger inadmissibility bars

Comparison Table: Voluntary Departure vs Deportation vs Self-Deportation

Factor	Voluntary Departure	Removal Order	Self-Deportation
Legal Process	Yes	Yes	No
Removal Order on Record	No	Yes	Maybe
10-Year Bar	No	Yes	Maybe
Apply to Return Legally	Yes	Very difficult	Unclear
Control Timing	Yes	No	Risky
Time to Arrange Affairs	60–120 days	Days/Weeks	Your Choice
Cost	You pay	Government pays	You pay
Can Be With Family	Plan together	Usually alone	Can leave together

The Critical Difference: Inadmissibility Bars

The 10-Year Bar After Deportation

Under INA Section 212(a)(9)(A), deportation triggers a 10-year bar on reentry. This means you cannot apply for visas, adjust status, or return to the U.S., even for family emergencies.

Example: Juan was deported in 2025. In 2028, his U.S. citizen son is diagnosed with cancer. Juan cannot return until 2035. Even marriage to a U.S. citizen does not bypass this bar.

The Permanent Bar for Certain Cases

Under INA Section 212(a)(9)(C), permanent bars apply if:

You were deported and reentered unlawfully
You accrued 1+ years unlawful presence, left, then reentered illegally
You have an aggravated felony conviction

Permanent bars cannot be waived in most cases.

How Voluntary Departure Avoids These Bars

No Removal Order = No 10-Year Bar
Can Apply for Legal Reentry (family petition, visas, adjustment of status)
Clean Immigration Record – future visa applications do not automatically list deportation

Important Limitation: Voluntary departure does not erase unlawful presence bars (3-year or 10-year), but it avoids the additional 10-year removal bar.

Situation	If Deported	If Voluntary Departure
<180 days unlawful presence	10-year bar	No bar
180–365 days	10-year + 3-year bar	3-year bar only
1+ year	10-year + 10-year bar	10-year only
Aggravated felony	Permanent bar	10-year bar (not permanent)

When Voluntary Departure Is Your Best Option

Situations Where Voluntary Departure Makes Sense

Final Removal Order with No Appeals Left – preserves control and future options
Weak Case for Relief – avoids losing costly legal battle
Mandatory Detention Without Bond – faster family reunification
Strong Ties to Home Country – family support, business, property
Desire to Return Legally – avoids 10-year removal bar
Family Can Relocate Together – planned relocation, schooling, property
Elderly or Poor Health – leave with dignity rather than forced removal

When You Should Fight Deportation Instead

Strong relief case (cancellation, asylum, adjustment pending)
U.S. citizen children needing your care
Fear of persecution in home country
Legal errors in removal proceedings
Just received NTA – explore options first

How to Decide: A Framework

Ask yourself:

Realistic chances of winning?
Consequences if I lose?
Consequences if I accept voluntary departure?
Long-term plans?
Cost-benefit analysis

How to Apply for Voluntary Departure

Two Ways to Obtain Voluntary Departure

Route 1: Immigration Judge

Request during removal proceedings
Judge evaluates eligibility (presence, moral character, no aggravated felony)
Sets departure deadline (60–120 days) and bond

Route 2: DHS/ICE

Negotiated before proceedings
Written agreement with deadline
Legally binding, less formal

Eligibility Requirements

Physical presence in U.S. (1+ year for judge request)
Good moral character
Financial ability to pay for departure
Aggravated felony
Terrorist or security threat
Failed prior voluntary departure

Step-by-Step Process

Consult with attorney
Make request at appropriate time
Provide supporting evidence
Post bond if required
Arrange departure
Depart and provide proof
Receive bond return

Timeline and Costs

Stage	Timeframe
Request voluntary departure	1 hearing / 2 weeks
Post bond	5–10 days
Departure deadline	60–120 days
Bond return	4–12 weeks

Expense	Cost Range
Bond	$500–$5,000
Attorney	$2,000–$5,000
Airline ticket	$300–$2,000
Shipping	$500–$3,000
Total (excluding bond)	$2,800–$10,500

Critical Mistakes That Convert Voluntary Departure to Removal

Missing departure deadline – automatic removal order, 10-year bar
Failing to provide proof
Returning before bar expires
Applying too late
Insufficient funds
Missing travel documents
Believing voluntary departure erases all bars

Returning to the United States Legally After Voluntary Departure

Understanding Your Inadmissibility Bars

<180 days unlawful presence – no bar
180–365 days – 3-year bar, may apply for waiver
1+ year – 10-year bar, I-601A provisional waiver

Legal Pathways to Return

Family-Based Immigration (spouse, parent, child)
Wait Out the Bar Period
I-601 / I-601A Waivers
Employment-Based Immigration
Other Visas After Bar Expires

Proving Extreme Hardship for Waivers

Factors include health, financial, education, country conditions, family & social considerations.

Example: Maria’s U.S. citizen husband has Type 1 diabetes. Treatment abroad is inadequate. Children would lose education. Waiver approval allows Maria to return legally and care for family.

Voluntary Departure: Frequently Asked Questions

What is the difference between voluntary departure and leaving on my own?

Voluntary departure is a legal process granted by an immigration judge or DHS that lets you leave the U.S. without a deportation order. Leaving on your own is not a formal process. If you leave during removal proceedings without authorization, you will likely receive a removal order in your absence, triggering bars to return. Voluntary departure avoids a removal order and is often a safer option when leaving the country.

How much does voluntary departure cost?

Typical expenses include the voluntary departure bond ($500–$5,000, refundable after proving departure), attorney fees (about $2,000–$5,000), airfare, and relocation costs. Most people spend around $3,000–$10,000 total. Although not cheap, it is usually far less expensive than fighting a deportation case, which can cost significantly more and may still result in a removal order.

Can I return to the U.S. after voluntary departure?

Yes, voluntary departure does not create a bar to reentry. However, unlawful presence before leaving may trigger a 3-year or 10-year bar depending on time accrued. With no unlawful presence, you may apply to return immediately. If bars apply, you may need a waiver. Voluntary departure preserves the possibility of legal return, unlike deportation, which adds a 10-year removal bar.

What happens if I miss my voluntary departure deadline?

If you do not leave on time, voluntary departure becomes a removal order. This adds a 10-year bar, you lose your bond, and ICE may begin enforcement actions. All benefits of voluntary departure are lost. It is recommended to leave early to avoid delays and complications.

Can I get voluntary departure if I have a criminal conviction?

Eligibility depends on the type of conviction. Aggravated felonies make someone ineligible. For other crimes, judges consider the offense and overall history case-by-case. Minor misdemeanors may not prevent voluntary departure, but more serious crimes can make approval difficult. Legal review is important.

Can my family leave with me if I choose voluntary departure?

Yes. Family members can relocate voluntarily, and U.S. citizen relatives can travel freely. If family members are also in proceedings, they must request voluntary departure individually. Planning together often allows a more organized transition and avoids forced separation that happens with deportation.

How long does it take to get voluntary departure approved?

If requested in court, judges may decide on the spot or within a few weeks. Requests made through ICE before court can take several weeks to process. After approval, most people receive 60–120 days to depart. From start to finish, the process generally takes two to six months, which is usually much faster than fighting deportation.

What is a voluntary departure bond and do I get it back?

It is a financial guarantee (usually $500–$5,000) to ensure departure by the deadline. If you leave on time and submit proof, you receive the full refund within a few months. If you fail to depart, the bond is forfeited. Judges set bond amounts based on factors like ties to the U.S. and financial capacity.

Can I request voluntary departure if I already have a removal order?

No. Requests must be made before a removal order is issued. If you already have one, the only way to pursue voluntary departure is by reopening the case through an appeal or motion. Immediate legal help is necessary in these situations.

Is voluntary departure the same as the Immigrant Defense Project?

No. Voluntary departure is a form of immigration relief, while the Immigrant Defense Project is an advocacy organization that provides education and awareness. For voluntary departure, you must work directly with an immigration attorney who can guide your options and path to return.

Making the Difficult Decision: Voluntary Departure vs. Fighting Deportation

Option 1: Forced Deportation
10-year removal bar
Removal order permanently on record
Difficult to return
Forcibly removed with minimal preparation

Option 2: Voluntary Departure

No removal bar
Preserves ability to return legally
Control over departure
Can relocate with family
Maintain dignity

Key Message: Choosing voluntary departure is strategic planning, not surrender. It protects your future and family unity.

Call-to-Action:
Law Group International provides honest, objective guidance:

Case evaluation
Inadmissibility analysis
Cost-benefit comparison
Voluntary departure application
Future return planning
Family relocation assistance

Don’t make this decision alone. Schedule a confidential consultation today. Consultas en español disponibles.