10/10/2026
SHOULD I STAY OR SHOULD I GO? Understanding Voluntary Departure, Voluntary Return, and Self-Deportation
Thinking of Leaving the United States Voluntarily? Understand the Immigration Consequences Before Making a Decision.
With increased immigration enforcement and reports of ICE arrests across the country, including California, many immigrants are understandably concerned about their future in the United States.
I have received numerous inquiries from individuals and families asking whether they should remain in the United States or consider leaving voluntarily.
Some have overstayed their visas. Others entered without inspection. Some have pending asylum applications, adjustment of status applications, valid work permits, or immigration court cases.
Many are asking the same questions.
Can I leave voluntarily instead of being deported?
If I leave on my own, can I legally return to the United States?
Will leaving voluntarily protect me from the three-year or ten-year immigration bars?
What if I already have a deportation order?
Should I use the government's self-deportation program?
These questions deserve careful consideration because leaving the United States can have serious and sometimes irreversible immigration consequences.
The most important thing to understand is that leaving voluntarily does not necessarily mean leaving without immigration penalties.
1. What Is Voluntary Departure?
Voluntary departure is a legal option under Section 240B of the Immigration and Nationality Act that allows certain immigrants facing deportation to leave the United States within an authorized period instead of being formally removed.
One important advantage is that a person who complies with voluntary departure may avoid certain penalties associated with a formal removal order.
However, voluntary departure does not erase previous immigration violations or unlawful presence.
Consider this example.
Maria entered the United States on a tourist visa but overstayed for several years.
She eventually received a Notice to Appear in immigration court.
After reviewing her circumstances, Maria learns that she does not qualify for asylum or another defense against removal.
She requests voluntary departure, and the immigration judge grants her request.
If Maria leaves within the authorized period and complies with the conditions, she can generally avoid being removed under the alternative removal order.
However, because she overstayed for several years, her departure may still trigger the ten-year unlawful-presence bar.
The important lesson is that avoiding a deportation order does not automatically mean avoiding other immigration penalties.
2. Are There Different Types of Voluntary Departure?
Yes. There are two main types of voluntary departure available during immigration court proceedings.
Voluntary Departure Before the Immigration Case Is Completed
This is generally requested earlier in removal proceedings.
An immigration judge may allow up to 120 days for the individual to leave the United States.
The person generally must acknowledge removability and agree to waive other requests for immigration relief and appeal, subject to applicable legal exceptions and requirements.
This option may be appropriate when an individual has no viable defense against removal and wishes to avoid a formal deportation order.
Voluntary Departure at the End of Immigration Proceedings
This option is generally requested when the immigration judge is ready to issue a final decision.
For example, an individual whose asylum application has been denied may request voluntary departure as an alternative to removal.
However, the eligibility requirements are stricter.
The person generally must establish the required period of physical presence, five years of good moral character, financial ability to depart, and eligibility under the law.
A voluntary departure bond is also required.
The maximum period allowed is 60 days.
Voluntary departure is discretionary. Meeting the basic requirements does not guarantee approval.
3. What Happens if You Are Granted Voluntary Departure but Fail to Leave?
This is one of the most important things to understand.
If an immigration judge grants voluntary departure and you fail to leave within the authorized period, the alternative removal order may become effective.
You may also face substantial financial penalties and become ineligible for certain immigration benefits for ten years, subject to applicable exceptions.
For example, Pedro receives 60 days to leave voluntarily.
Before his deadline, he marries a United States citizen and decides to remain because his spouse plans to file an immigrant petition.
Pedro mistakenly believes that marrying a United States citizen automatically protects him from deportation.
Unfortunately, marriage does not automatically cancel his voluntary departure order or extend his deadline.
By failing to depart, Pedro may face an effective removal order and additional immigration penalties.
The lesson is simple. Never ignore a voluntary departure deadline because you believe you may qualify for another immigration benefit.
4. What Is Voluntary Return?
Voluntary return is different from voluntary departure granted by an immigration judge.
It generally occurs outside formal immigration court proceedings, often during encounters with immigration authorities at or near the border.
In certain circumstances, immigration officials may allow a person to return to their home country without issuing a formal removal order.
However, voluntary return is not available to everyone, and it does not automatically erase unlawful presence or previous immigration violations.
There is another important consideration.
If you fear persecution, torture, or serious harm in your home country, you should inform immigration officials of that fear and request protection.
A person may qualify for asylum or another form of protection even if they entered the United States without inspection or overstayed a visa.
Do not agree to return without understanding whether you have legal protections available.
5. What Is Self-Deportation? What About the CBP Home App?
The government has promoted programs encouraging undocumented immigrants to leave the United States voluntarily.
One of these involves the CBP Home app, which allows individuals to report their intention to depart.
Eligible individuals may receive travel assistance or other incentives under applicable government programs.
However, self-deportation through an app is not the same as voluntary departure granted by an immigration judge.
Using the app does not automatically cancel an existing deportation order, erase unlawful presence, eliminate immigration bars, terminate pending immigration proceedings, or guarantee permission to return to the United States.
Consider this example.
Carlos entered the United States without inspection 15 years ago.
He is married to a United States citizen and has two United States citizen children.
Because of recent ICE enforcement, he considers using the government's self-deportation program.
But what if Carlos qualifies for an immigration benefit, a waiver, cancellation of removal, or another form of relief?
If he leaves without first reviewing his options, he could trigger a ten-year unlawful-presence bar or face additional immigration consequences.
His decision could result in years of separation from his family.
Before participating in any self-deportation program, it is important to determine whether you have legal options to remain in the United States.
6. What Are the Three-Year and Ten-Year Immigration Bars?
Many immigrants believe that if they leave voluntarily, they can simply apply for another visa and return.
Unfortunately, that is not always true.
Under Section 212(a)(9)(B) of the Immigration and Nationality Act, departing the United States after accumulating certain periods of unlawful presence may trigger restrictions on returning.
The Three-Year Bar
Generally, a person who accumulates more than 180 days but less than one year of unlawful presence during a single stay and voluntarily departs before removal proceedings begin may face a three-year bar.
The Ten-Year Bar
A person who accumulates one year or more of unlawful presence during a single stay and subsequently departs or is removed generally faces a ten-year bar to admission.
Consider Ana's situation.
Ana entered the United States on a tourist visa in 2018.
She overstayed and remained in the country until 2026.
Concerned about immigration enforcement, she decides to return voluntarily to the Philippines.
Because she may have accumulated more than one year of unlawful presence, her departure could trigger the ten-year bar.
Even if her United States citizen husband later files an immigrant petition, she may need an approved waiver before obtaining an immigrant visa.
Some individuals may qualify for waivers based on extreme hardship to a qualifying United States citizen or lawful permanent resident spouse or parent.
However, these waivers are not automatic.
It is also important to understand that being out of lawful immigration status and accumulating unlawful presence are not always the same thing.
Certain exceptions and special rules apply.
That is why calculating unlawful presence correctly is essential before making a decision to depart.
7. What if You Have a Pending Asylum Application, Green Card Application, or Valid Work Permit?
This is another question I frequently receive.
Having a pending immigration application or valid Employment Authorization Document does not necessarily mean you have lawful immigration status.
However, it also does not mean leaving the United States is your best option.
If you have a pending adjustment of status application, leaving without appropriate advance parole or an applicable exception may cause the application to be considered abandoned.
If you have a pending asylum application, departure may create abandonment issues or affect your eligibility for protection.
If you have a valid work permit, remember that employment authorization alone is not necessarily permission to travel or protection against removal.
If you have a pending immigration court case, leaving the United States does not automatically terminate the proceedings.
Failure to attend a scheduled hearing may result in a removal order issued in your absence.
Before departing, determine what will happen to your pending immigration applications and court proceedings.
8. What if You Already Have a Deportation Order?
If you already have a final removal order, leaving voluntarily does not automatically erase it.
In certain circumstances, departing while a removal order is outstanding may result in that order being executed.
Depending on your immigration history, you may face additional restrictions on returning.
Some individuals may need permission to reapply for admission through Form I-212.
Others may require additional waivers.
Individuals who were previously removed and later returned unlawfully may face particularly serious consequences.
Purchasing your own airline ticket or using a government app does not automatically cancel an existing removal order.
9. What Should You Consider Before Deciding to Leave?
Before making a decision that could affect your future and your family, consider several important questions.
First, do you have an existing removal order?
Second, how much unlawful presence have you accumulated?
Third, do you qualify for asylum, cancellation of removal, adjustment of status, VAWA, a U visa, or another immigration benefit?
Fourth, do you have a pending application that could be affected by your departure?
Fifth, do you have United States citizen or lawful permanent resident family members who may be relevant to an immigration benefit or waiver?
Sixth, will you need a waiver before you can legally return?
Finally, have you discussed your circumstances with a qualified immigration attorney?
Even individuals who have been undocumented for many years may have immigration options worth exploring.
Every case is different.
10. Frequently Asked Questions
If I voluntarily leave, does that mean I was never deported?
Not necessarily. The answer depends on whether you have a removal order and the circumstances of your departure.
Can I return immediately after voluntary departure?
Possibly, but only if you qualify for lawful admission and are not subject to an applicable immigration bar.
If I have a United States citizen spouse or children, should I leave?
Do not make that decision without reviewing your immigration options. Family relationships may be relevant to certain immigration benefits or waivers, but they do not automatically protect someone from removal.
Does using CBP Home guarantee that ICE will not arrest me?
No. Participation in a self-departure program does not provide an unconditional legal guarantee against arrest or detention.
Is self-deportation the best option if I am undocumented?
Not necessarily. Some undocumented immigrants may qualify for immigration relief or protection. Others may find voluntary departure or another lawful departure arrangement appropriate after reviewing their circumstances.
What if I cannot afford an immigration attorney?
You may seek assistance from reputable nonprofit legal organizations or qualified pro bono immigration attorneys. Be cautious of anyone who promises guaranteed results.
FINAL THOUGHTS: DO NOT LET FEAR MAKE THE DECISION FOR YOU
I understand why many immigrants are worried about increased immigration enforcement.
For some individuals, voluntary departure may be an appropriate option.
For others, leaving could mean losing a pending immigration application, triggering a lengthy bar to returning, or giving up an opportunity to obtain lawful immigration status.
Some may have lived in the United States for decades, raised children, worked hard, and established deep family and community ties.
A decision to leave should never be made lightly.
My advice is simple: Do not make a permanent immigration decision based on temporary fear.
Before deciding to leave the United States, understand your immigration history, available legal options, and the potential consequences for yourself and your family.
Be informed, not intimidated. Be prepared, not panicked.
Remember, leaving voluntarily does not necessarily mean leaving without immigration penalties.
And staying without understanding your legal options can also carry serious risks.
I am Attorney Flomy Javier Diza, reminding you that knowing your rights and understanding your immigration options can make a difference in protecting your future.
Immigration Law on Your Side
Please share this article with your family, friends, and immigrant communities. Someone considering voluntary departure or self-deportation may need this information before making a life-changing decision.
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Disclaimer: This article is intended for general educational purposes and does not constitute individualized legal advice. Immigration laws, policies, and enforcement practices may change. Every immigration case is different.
