What Are the Voluntary Departure Requirements?

During the 2010s, between 300,000 and 450,000 foreign nationals underwent some form of removal from the United States each year. Some choose to depart voluntarily after immigration removal proceedings begin. This falls under the category of voluntary departure.

What are the voluntary departure requirements, though? How much time do you have to depart, and what methods can you use? Does the government place other conditions on this departure?

While this time can seem scary, you don't need to navigate it blind. Keep reading for more on voluntary departure as a deportation alternative.

Voluntary Departure Requirements for Initiation

Foreign nationals can initiate the voluntary departure process before or at the end of a hearing with an immigration judge. This indicates that the individual has chosen to depart at his or her own expense rather than go through deportation.

Those who apply before their hearings must acknowledge that their presence in the United States is unlawful and waive applications to remain in America. They must also demonstrate that they intend to leave the country and have the resources to do so.

To start voluntary departure at the end of a hearing, one must have been in America for at least a year before the hearing. While they do not have to acknowledge unlawful presence, they do have to present a valid passport, demonstrate good citizenship, and post a bond of at least $500. Voluntary departure candidates also cannot have criminal records.

Voluntary Departure Bonds

To initiate voluntary departure at the end of a hearing, one must post immigration bonds of at least $500. An immigration bond, like a bail bond, requires paying a premium to a bond company. You can also post the bond yourself if you have sufficient resources.

If you do choose to involve a bond company, the person putting in for the bond must also provide collateral, such as a house, vehicle, or other valuable property. If the foreign national does not leave on time, the bond company may take this property to make good on the voluntary departure bond.

If you depart on time, the government returns all bond money. If you do not, the government will keep it.

Departure Timeline

The departure timeline varies. You can work out a plan with US immigration enforcement for your specific circumstances. As a general rule, expect to depart within 120 days of choosing to depart voluntarily.

Voluntary Departure Benefits

If you choose voluntary departure over ICE deportation, you can return to the United States later. You will still need a green card or visa, but you keep the possibility of returning to America open.

An Efficient Exit

If you have the resources to remove yourself from the country at your own expense and don't want relief, a voluntary departure can save you time and money. Meeting the voluntary departure requirements will also keep your options open in the event you want to return to America later.

If you need a voluntary departure bond and don't know where to turn, reach out to us at Action Immigration Bonds. For four decades, our immigration experts have kept tabs on changes in immigration law. We can help keep your voluntary departure moving.