An immigration judge may grant voluntary departure to allow a person to depart the United States in lieu of being subject to removal proceedings. Voluntary departure is discretionary. Discretionary factors include the applicant's immigration and criminal history, length of time in the United States, existence of citizen or permanent resident relatives, and other humanitarian factors.
Request during Pre-hearing/Prior to Completion of Proceedings
In general, a respondent may request up to 120 days to voluntarily depart, if: (1) voluntary departure is requested prior to or at the master calendar hearing; (2) no other relief is requested; (3) removability is conceded; (4) right to appeal is waived; and (5) he or she has not been convicted of an aggravated felony and is not deportable under the security and related provisions of INA § 237(a)(4).
Request at Conclusion of Removal Hearing
The immigration judge may grant voluntary departure of no more than 60 days at the conclusion of proceedings for individuals who meet the following conditions: (1) physical presence in the U.S. for at least one year prior to service of the NTA; (2) possess Good Moral Character for at least 5 years preceding the application for voluntary departure; (3) must not be deportable as an aggravated felon or terrorist; (4) establish the ability and intent to leave by clear and convincing evidence; and (5) financial ability to post a bond.