8 C.F.R. section 1240.26: Voluntary departure and alternate removal orders
voluntary departure · alternate removal order · conditions · failure to depart
Source reviewed 2026-10-01Leaving the country can be part of relief, or the consequence of losing. Those are not the same record.
Voluntary Departure or Removal Order? The Difference Is Bigger Than the Label.
A practical comparison of pre-conclusion and post-conclusion voluntary departure, removal orders, deadlines, bond, waiver of appeal, and why the departure date can affect future immigration.
Direct answer
Short answer
Voluntary departure permits a qualifying respondent to leave under an authorized voluntary-departure grant instead of execution of removal. Eligibility rules, deadlines and consequences for noncompliance still apply. EOIR distinguishes grants before and at the conclusion of proceedings. The decision may include an alternate removal order, so the complete order and its conditions must be reviewed before departure.
On this page
There are two voluntary-departure frameworks
EOIR distinguishes requests made before completion of proceedings from post-conclusion requests. The requirements, waivers, bond obligations, and maximum departure periods differ.
Voluntary departure can require giving up other litigation choices
Pre-conclusion voluntary departure generally requires concessions and waivers identified by EOIR. The decision should be compared with any viable relief from removal before the respondent gives it up.
A voluntary-departure deadline is not a suggestion
Failure to depart within the granted period can trigger statutory consequences and leave the person with the underlying removal posture. Bond and proof-of-departure requirements should be handled deliberately.
Future visa strategy still requires inadmissibility analysis
Timely compliance with a voluntary-departure grant does not erase unlawful presence, fraud, criminal, or other inadmissibility issues. The next U.S. immigration path must be analyzed separately.
Questions people actually ask
Frequently asked questions
How much time can an immigration judge give for voluntary departure?
EOIR currently states that qualifying pre-conclusion grants may allow up to 120 days and qualifying post-conclusion grants up to 60 days.
Is voluntary departure always better than fighting the case?
No. It is one form of relief with tradeoffs. The correct choice depends on available defenses, relief, appeal rights, inadmissibility, family circumstances, and future immigration plans.
Does voluntary departure erase unlawful presence?
No. Unlawful-presence and other inadmissibility questions are separate and may be triggered or affected by departure.
Authority and current-source review
Official sources supporting this page
These links identify primary or official materials used to control material legal and procedural statements. They are not a substitute for advice about a particular matter.
Voluntary Departure
pre-conclusion voluntary departure · post-conclusion voluntary departure · 120 days · 60 days
Source reviewed 2026-10-01Explore Relief Options
relief from removal · immigration court · eligibility screening
Source reviewed 2026-10-01The next useful move
Start with the record, not the rumor
Bring the notices, filings, identity documents, court papers, travel history, criminal records if relevant, and the next deadline. The legal answer often turns on one date, one prior order, or one document that a headline cannot see.
Important legal and service limitations
General U.S. immigration information only. This page is not legal advice, does not create an attorney-client relationship, and does not guarantee eligibility, admission, approval, release, status, citizenship, or any other result.