Voluntary Departure (INA § 240B)
A statutory form of relief under INA § 240B allowing a noncitizen to depart the United States voluntarily at their own expense instead of receiving a formal Order of Removal.
1. Overview of the Process & Reasons to Pursue
Voluntary Departure under Section 240B of the Immigration and Nationality Act is a discretionary form of relief granted by an Immigration Judge (or DHS prior to proceedings). It allows an individual who is subject to removal to leave the United States at their own expense within a specified timeframe (up to 120 days if requested prior to the completion of removal proceedings, or up to 60 days if requested at the conclusion of the proceedings). Rather than suffering the severe legal penalties of a formal deportation order, the noncitizen leaves with a clean immigration record.
Why Someone Pursues This Process / How One Enters It
A formal Order of Removal carries devastating consequences: mandatory statutory bars of 5, 10, or 20 years preventing reentry (INA § 212(a)(9)(A)), criminal prosecution under 8 U.S.C. § 1326 for illegal reentry, and the requirement of an approved Form I-212 waiver to return. In contrast, Voluntary Departure avoids the deportation bar entirely. It enables immigrants who have future avenues to legal status (such as a pending family petition or consular processing) to depart gracefully and return lawfully without needing a deportation waiver.
2. How Long the Process Usually Takes
Granted at the conclusion of master calendar or individual hearings; pre-conclusion departure permits up to 120 days to leave; post-conclusion departure permits up to 60 days.
3. Forms That Need to Be Completed
Successfully completing this process involves preparing and submitting official government petitions and affidavits:
Oral or Written Motion for Voluntary Departure
Submitted before the Immigration Judge under 8 C.F.R. § 1240.26
Form EOIR-28
Notice of Entry of Appearance as Attorney
Form I-352
Immigration Bond (posted with ICE ERO for post-conclusion voluntary departure)
4. Supporting Evidence & Documentation Checklist
In immigration proceedings, the applicant carries the burden of proof. A complete evidentiary packet must include:
- Valid, unexpired national passport or verifiable travel document sufficient to assure lawful entry into the destination country
- Proof of financial resources establishing the respondent has the means to purchase a commercial departure ticket
- For post-conclusion voluntary departure: proof of physical presence in the U.S. for at least 1 year prior to the service of the Notice to Appear
- Proof of Good Moral Character (GMC) for at least the preceding 5 years (certified police clearances, tax returns, character references)
- Evidence that the respondent has not been convicted of an aggravated felony or security-related offense
Before filing, you must audit your entire background for statutory bars, criminal inadmissibility, and prior immigration violations. Any of the following issues can lead to immediate denial, forfeiture of filing fees, or removal proceedings:
- Aggravated Felony Conviction: Noncitizens convicted of an aggravated felony under INA § 101(a)(43) are statutorily barred from voluntary departure.
- Terrorism / National Security Grounds: Any individual deportable under INA § 237(a)(4).
- Previous Voluntary Departure Bar: Anyone previously granted voluntary departure who failed to depart.
- Failure to Post Required Bond: For post-conclusion grants, failure to post a minimum $500 voluntary departure bond with ICE within 5 business days automatically converts the grant into an immediate final Order of Removal.
- Inability to Secure Travel Document: Failing to produce a valid passport within the timeframe set by the Immigration Judge.
6. Government Filing Fees
Government filing fees are strictly non-refundable and set by federal regulation (USCIS, EOIR, and Department of State fee schedules):
Note: Government fees are subject to periodic regulatory updates. Fee waivers (Form I-912 or EOIR-26A) may be available for qualifying indigent applicants on select forms.
7. Possible Adjudication Outcomes
Upon review by the adjudicating agency, asylum office, or court, this process can lead to the following formal outcomes:
- Voluntary Departure Granted: Respondent receives 60 to 120 days to leave; departs lawfully and certifies departure at U.S. Embassy abroad.
- Failure to Depart (Catastrophic Consequence): Automatically converts into a final Order of Removal; triggers a civil penalty of $1,000 to $5,000; and imposes a mandatory 10-year statutory bar on cancellation of removal, adjustment of status, and change of status under INA § 240B(d).
- Voluntary Departure Denied: Immigration Judge enters a formal Order of Removal.
8. What Can Be Done If Your Outcome Is Negative?
If an Immigration Judge denies voluntary departure, the respondent can appeal the denial to the Board of Immigration Appeals (BIA) within 30 days via Form EOIR-26. If granted voluntary departure and circumstances change, the respondent can file a Motion to Reopen prior to the departure deadline (which automatically terminates the voluntary departure grant under 8 C.F.R. § 1240.26(i)).
9. Range of Legal Fees Charged by Lawyers
$2,500 to $5,000 typical attorney fee for negotiating terms with ICE counsel, court motion drafting, and bond coordination.
At JBC Law Office, attorney Joseph B. Caraccio provides transparent flat-fee representation with written retainer agreements, personalized evidentiary assembly, and direct attorney communication at every step.