Voluntary Departure vs. Deportation
Understanding Your Options in Immigration Court
When facing removal proceedings, understanding the difference between voluntary departure and deportation (removal) is critical. This guide explains both options, their consequences, and how to make an informed decision.
Voluntary departure allows you to leave the United States on your own terms within a specified time period, avoiding a formal removal order.
Benefits of Voluntary Departure
- No formal removal order on your record
- May be eligible to return to the U.S. legally in the future
- Avoid the 5, 10, or 20-year bars that come with deportation
- Leave with dignity on your own schedule
- Can apply for visa or green card in the future
Requirements for Voluntary Departure
- Must have been physically present in the U.S. for at least 1 year
- Must have good moral character for 5 years
- Must not be deportable for aggravated felony or terrorism
- Must show ability to pay for departure (bond may be required)
- Must have valid travel documents
Timeline
If granted before or at the master calendar hearing: up to 120 days. If granted after trial: up to 60 days.
Important Warning
If you fail to depart within the granted time, you will face a 10-year bar from returning and may be fined $1,000-$5,000.
Deportation is the formal removal from the United States by government order, resulting in serious long-term immigration consequences.
Consequences of Deportation
- Formal removal order permanently on your record
- 5-year bar for most deportees
- 10-year bar if deported after unlawful presence
- 20-year bar for multiple deportations
- Permanent bar for aggravated felony convictions
- Re-entry after deportation is a federal crime
Deportation Process
- 1ICE takes you into custody
- 2Transported to detention facility
- 3Physically removed from the United States
- 4Barred from legal re-entry for years
Side-by-Side Comparison
| Factor | Voluntary Departure | Deportation |
|---|---|---|
| Immigration Record | No removal order | Formal removal order |
| Future Immigration | May apply for visas/green cards | Barred for 5-20 years or permanently |
| Financial Cost | Pay own travel expenses + possible bond | Government pays, but severe consequences |
| Control Over Departure | Choose when and how to leave | No choice - removed by ICE |
| Time to Prepare | 60-120 days to arrange affairs | Immediate or short notice |
Complete Comparison: All Your Options
Understanding the key differences between Voluntary Departure, Deportation, and the CBP Home Self-Deportation Program
| Factor | Voluntary Departure (Court) | Deportation (Removal) | CBP Home App |
|---|---|---|---|
| Who Grants/Awards | Immigration Judge in court proceedings | Immigration Judge orders; ICE executes | Self-initiated via CBP mobile app |
| Eligibility Requirements | 1 year physical presence, good moral character, no aggravated felony | No eligibility - this is a consequence of removal order | Undocumented status, no serious criminal history |
| Financial Cost | You pay travel + bond ($500-$10,000) | Government pays (but severe consequences) | FREE flight + $1,000 stipend |
| Time to Leave | 60-120 days to prepare | Immediate or short notice | Quick departure after approval |
| Immigration Record | No removal order on record | Formal removal order (permanent) | Self-removal recorded |
| Re-entry Bars | None from departure itself (unlawful presence bars may apply) | 5, 10, or 20 years; permanent for aggravated felony | Depends on circumstances; may face unlawful presence bars |
| Future Visa Eligibility | Generally eligible to apply | Barred; requires waiver | May be eligible; case-by-case |
| Control Over Process | High - choose departure date/method | None - ICE controls everything | Moderate - you initiate but CBP schedules |
| Legal Process Required | Must request in immigration court | Result of court proceedings | No court required - app-based |
| Penalty for Non-Compliance | 10-year bar + $1,000-$5,000 fine if you don't leave on time | N/A - forcibly removed | Must complete process once started |
| Best For | Those who can afford costs and want clean record | N/A - this is not a choice | Those who cannot afford travel and have no defenses |
Save this comparison guide to share with family or bring to your consultation
Download PDF GuideWhen to Consider Each Option
- You have no viable defense to removal
- You want to preserve future immigration options
- You have family or business matters to settle
- You can afford travel expenses and any required bond
- You plan to apply for a visa in the future
- You have a valid defense (asylum, cancellation, etc.)
- You qualify for relief from removal
- Deportation would cause extreme hardship to U.S. citizen family
- You fear persecution in your home country
- There are errors in your case that can be challenged
CBP Home App: Government Self-Deportation Program
The Department of Homeland Security has introduced the CBP Home mobile app, offering a voluntary self-deportation program with financial incentives. Understanding how this differs from court-ordered voluntary departure is crucial for making an informed decision.
CBP Home is a mobile application that allows undocumented individuals to voluntarily self-deport from the United States. The program offers financial assistance and free transportation to encourage voluntary departures.
- Free flight to your home country
- $1,000 travel assistance stipend (standard offer)
- Forgiveness of certain civil immigration fines
- Potential opportunity to return legally in the future
- Avoid arrest and detention by ICE
CBP Home vs. Court Voluntary Departure
While both options allow you to leave voluntarily, there are important differences:
| Factor | CBP Home App | Court Voluntary Departure |
|---|---|---|
| Travel Cost | Free flight + $1,000 stipend | You pay all travel expenses |
| Time to Leave | Must leave quickly after approval | 60-120 days to prepare |
| Legal Process | No court hearing required | Requires immigration judge approval |
| Immigration Record | Self-removal recorded | No formal removal order |
| Future Immigration | May face bars depending on circumstances | Generally better for future visa applications |
| Bond Required | No bond required | Bond may be required |
- Consult an attorney before making any decision - you may have defenses you don't know about
- Using CBP Home may affect your ability to return to the U.S. legally
- If you have pending asylum or other relief applications, self-deporting may abandon those claims
- The financial incentive may change - verify current offers before deciding
- This program is voluntary - you cannot be forced to use it
- Individuals with no viable defense to removal
- Those who cannot afford travel expenses for court voluntary departure
- People who want to leave quickly and avoid detention
- Those who have no pending applications for relief
- Anyone with a pending asylum case or fear of persecution
- Individuals who may qualify for cancellation of removal
- Those with U.S. citizen children who may face hardship
- Anyone who hasn't consulted with an immigration attorney
- Individuals with potential visa options through family or employment
Need Help Deciding?
Every case is unique. Our experienced immigration attorneys can evaluate your situation and help you understand which option is best for you and your family.
This information is for educational purposes only and does not constitute legal advice. Immigration law is complex and constantly changing. Consult with a qualified immigration attorney before making any decisions about your case.