Voluntary Departure: Pre-Conclusion, Post-Conclusion, Deadlines, and Penalties

INA §240B creates voluntary departure before completion of proceedings and at the conclusion of proceedings. The two forms have different eligibility requirements, deadlines, conditions, and maximum departure periods.

EOIR’s current public guidance explains both routes and should be checked with the statute and regulation.

A grant allows the respondent to depart voluntarily rather than under an executed removal order. That can avoid some consequences associated with a removal order, although departure may still trigger unlawful-presence bars, criminal inadmissibility, or other obstacles to future return.

Analyze the full future-immigration consequences before requesting it.

EOIR states that pre-conclusion voluntary departure generally must be requested by the master-calendar stage at which the case is scheduled for an individual hearing, with concessions and waiver of other relief and appeal requirements under the statute and regulation.

This route can provide up to 120 days to depart.

Post-conclusion voluntary departure generally requires at least one year of physical presence before service of the NTA, good moral character for five years, means and intent to depart, and posting of the required bond. The maximum departure period is shorter than pre-conclusion voluntary departure.

Document presence and good moral character before hearing.

INA §240B excludes applicants with aggravated felony convictions and specified security-related removability. Prior voluntary departure history can also create statutory ineligibility in defined circumstances.

Screen the criminal and immigration record before requesting the remedy.

EOIR’s current guidance notes restrictions for arriving aliens, particularly in the pre-conclusion context. The NTA classification, admission history, parole, and timing can matter.

Confirm statutory and regulatory eligibility rather than assuming voluntary departure is universally available.

Even an applicant meeting threshold requirements must persuade the Immigration Judge to grant voluntary departure. Criminal history, immigration violations, prior failures to depart, dishonesty, family ties, work history, length of residence, and compliance can affect discretion.

Prepare positive equities rather than treating voluntary departure as automatic.

The statute and regulation require a bond of at least the statutory minimum for post-conclusion voluntary departure, with strict timing for posting. Failure to satisfy bond requirements can affect the grant and penalties.

Obtain current payment instructions immediately after the order.

Failure to depart within the authorized period can trigger civil penalties and a statutory bar on specified forms of relief. Calendar the final date, travel arrangements, passport or travel-document needs, and any appeal or motion that could affect the grant.

Do not wait until the final days to obtain travel documents.

Regulations address the effect of filing a motion to reopen, reconsider, or petition for review on voluntary departure, including termination or alteration of the voluntary-departure grant in specified situations. Counsel should analyze those consequences before filing post-decision litigation.

A client should not unknowingly lose voluntary-departure benefits by pursuing another remedy.

Matter of R-P-L-, 29 I&N Dec. 859 (BIA 2026), upheld a DHS civil monetary penalty following failure to comply with a voluntary-departure order and addresses notice of the penalties, including service on counsel.

The case reinforces that voluntary departure is a binding order with enforceable consequences, not merely a suggested exit date.

Statute, regulation, and current BIA precedent make notice important to application of penalties. Keep the written order, advisals, proof of service, and counsel communications explaining the deadline and consequences.

Provide the client written instructions in a language the client understands where possible.

Passports can be expired, consulates can delay issuance, and family or medical needs can complicate departure. Because the statutory period is limited, begin travel-document work before the final hearing when voluntary departure is a realistic possibility.

Inability to obtain documents at the last moment can have serious consequences.

Departing voluntarily can avoid an executed removal order but does not waive unlawful presence, fraud, criminal inadmissibility, prior unlawful entry, or other immigration bars. A future consular strategy should be analyzed before choosing voluntary departure over other relief.

The remedy is procedural, not a universal waiver.

Travel to a third country, departure documentation, and proof of timely exit can matter if future immigration applications require evidence of compliance. Preserve tickets, boarding passes, passport stamps, I-94 departure records, and other proof.

Do not assume government systems will record every departure correctly.

In some cases voluntary departure provides meaningful future immigration advantages; in others the person faces the same inadmissibility bars either way or needs continued appellate litigation. The decision should account for family petitions, waivers, unlawful-presence periods, prior orders, criminal history, and realistic ability to leave.

It is a strategic choice, not simply the least severe-sounding result.

Where the respondent seeks another form of relief but requests voluntary departure in the alternative, establish voluntary-departure eligibility and discretion before the record closes. Do not assume the judge will grant it automatically after denying the primary application.

Provide proof of passport availability, means to depart, good moral character, and positive equities.

Pre-conclusion voluntary departure generally requires the respondent to concede removability, withdraw or waive other applications for relief, and waive appeal under the regulatory framework. That tradeoff can be substantial if the person has a viable cancellation, adjustment, asylum, or suppression case.

Explain the surrendered rights in writing before making the request.

A respondent can litigate another form of relief and request post-conclusion voluntary departure if the primary relief is denied, provided the statutory requirements are established. This preserves more litigation options than an early pre-conclusion request.

Make the alternative record before the case closes.

Criminal conduct, false testimony, support obligations, taxes, and other statutory or discretionary concerns can affect the good-moral-character showing. Obtain records covering the full five-year period.

Do not assume no felony means good moral character is established.

The judge can require evidence that the respondent can obtain travel documents, purchase transportation, and actually leave. A valid passport, savings, family assistance, ticket estimates, and consular information can support the showing.

Unresolved passport problems should be addressed before hearing.

Post-conclusion voluntary-departure bonds must be posted within the regulatory period. Missing the deadline can undermine the benefit even if the judge granted it.

Provide payment instructions to the client immediately and confirm proof of posting.

Federal-court litigation interacts with voluntary departure under statute and regulation. Counsel should determine whether filing a petition terminates voluntary departure, converts the posture, or affects deadlines under current law before taking action.

Coordinate immigration-court and federal-court strategy.

Voluntary departure avoids a removal order but it does not erase time unlawfully present. A person who departs after accruing sufficient unlawful presence may trigger three- or ten-year inadmissibility unless an exception or waiver applies.

Analyze future consular eligibility before advising departure.

Future visa, waiver, or admission applications may require showing that the voluntary-departure order was obeyed. Airline records, boarding passes, passport stamps, and government departure records should be retained.

Where electronic records are wrong, contemporaneous proof can be crucial.

An early voluntary-departure grant can require waiver of appeal and other relief, which may foreclose review of a viable removability defense. Counsel should compare the value of a longer departure period against the legal issues being surrendered.

Document the client’s informed decision.

INA §240B(d) imposes a ten-year ineligibility period for specified forms of relief after voluntary failure to depart, in addition to monetary penalties. The exact statutory consequences should be explained before the order becomes final.

Matter of R-P-L- reinforces that notice and enforcement are real, not theoretical.

A respondent may plan to depart to a country other than nationality, but airline boarding and lawful admission can require visas or residence permission. A failed third-country plan can jeopardize the voluntary-departure deadline.

Confirm destination legality before buying a ticket.

The client should receive the departure deadline, bond deadline if applicable, travel-document steps, proof-of-departure checklist, motion and appeal consequences, penalties, and a contact plan for emergencies.

Clear written instructions reduce preventable noncompliance.

Where voluntary departure is requested only if primary relief is denied, counsel may be tempted to devote no evidence to discretion. Employment, family ties, compliance, taxes, prior departures, criminal rehabilitation, and ability to leave can affect the judge’s decision.

Include enough evidence for a complete alternative ruling.

Confirm whether the departure period begins with the Immigration Judge’s order, the Board’s order, or another event under the governing posture. Appeals and motions can alter the effective period under regulation.

Do not rely on an informal estimate of the final date.

Voluntary departure can avoid a removal order if the respondent qualifies and departs on time, but pre- and post-conclusion grants have different requirements and strict consequences for noncompliance. Matter of R-P-L- confirms that penalties can be enforced after failure to depart.

Use voluntary departure only after analyzing eligibility, future inadmissibility, post-decision litigation, travel logistics, and the client’s realistic ability to comply.