Voluntary departure lets a person in immigration court leave the United States at their own expense instead of being removed. It comes with deadlines, a bond and penalties, and they depend on when the judge grants it. This page sets out what the statute (8 U.S.C. 1229c) and the immigration court regulation (8 CFR 1240.26) say, with the parts that matter for someone who will fly home to Guatemala. It is not legal advice.
Talk to a representative first. Asking for voluntary departure before your case ends means giving things up, including your appeal. Before you accept or decline it, talk to a licensed immigration attorney or an accredited representative of a recognized organization. Our guide to notario fraud and finding accredited immigration help explains how to verify one.
Quick summary: There are two kinds of voluntary departure:
- Before the case ends, for up to 120 days. You must ask by the first master calendar hearing set for a merits hearing, concede removability, drop other requests for relief and waive appeal.
- At the end of the case, for up to 60 days. You need at least 1 year in the US before the notice to appear, 5 years of good moral character, and clear and convincing proof you can and will leave. The bond is at least $500, posted within 5 business days.
Either way, the judge also enters an alternate order of removal. If you were permitted to depart voluntarily and voluntarily fail to leave in time, you face a civil penalty of $1,000 to $5,000 in the statute ($1,992 to $9,970 after inflation adjustments, per Federal Register 2026-21024) and 10 years without voluntary departure or relief under 8 U.S.C. 1229b, 1255, 1258 and 1259, subject to the exceptions explained below (a motion to reopen or reconsider filed during the departure period, and the VAWA exception). CBP Home is a different thing.
The two kinds side by side
| Before your case ends | At the end of your case | |
|---|---|---|
| Legal basis | 8 U.S.C. 1229c(a); 8 CFR 1240.26(b) | 8 U.S.C. 1229c(b); 8 CFR 1240.26(c) |
| Longest period | 120 days | 60 days |
| When to ask | Before or at the master calendar hearing at which the case is first set for a merits hearing. The judge cannot grant it more than 30 days after that hearing, unless DHS agrees by stipulation | At the conclusion of the proceedings |
| What you give up or prove | Concede removability, make no other requests for relief (or withdraw them), waive appeal of all issues | At least 1 year of physical presence before the notice to appear was served, good moral character for the past 5 years, clear and convincing evidence of the means and intent to leave |
| Who is excluded | Anyone convicted of an aggravated felony (INA 101(a)(43)), or deportable under INA 237(a)(4) | The same exclusions |
| Bond | The judge may require one | Required: at least $500, posted within 5 business days |
| Travel document | Present a passport or travel document to DHS, unless none is needed or DHS already has it | A passport or travel document is part of the proof of means to depart |
Two more rules from the statute. Voluntary departure is not available under subsection (a) to someone arriving in the United States whose proceedings began at arrival. It is also not available to anyone who was previously allowed to depart voluntarily after being found inadmissible under 8 U.S.C. 1182(a)(6)(A), the ground for people present without admission or parole (1229c(a)(4) and (c)).
The bond
The regulation fixes the mechanics for a grant at the end of the case:
- Amount. Whatever is necessary to ensure you leave, but in no case less than $500. The judge must tell you the amount before granting voluntary departure. You may decline the grant if you do not accept the bond or other conditions.
- Deadline. Post it with the ICE Field Office Director within 5 business days of the judge’s order.
- If you appeal. Submit proof to the Board of Immigration Appeals that you posted the bond within 30 days of filing the appeal.
- Not posting it. Failing to post the bond does not cancel your duty to leave on time. If you waived appeal, failing to post it means the alternate order of removal takes effect immediately. The regulation adds that someone granted voluntary departure at the end of the case is not treated as having departed under a removal order if they leave no later than 25 days after the failure to post the bond, give DHS the evidence of departure the ICE Field Office Director requires, and show DHS they remain outside the US (1240.26(c)(4)).
- Getting it back. After you leave on time, you can apply to the ICE Field Office Director to cancel the bond, with proof of your timely departure.
How to pay an ICE bond online, and who may post it, is covered in our guide to paying an ICE immigration bond.
What ends the grant early
Under 8 CFR 1240.26, some steps end voluntary departure automatically and switch you to the alternate order of removal:
- A motion to reopen or reconsider filed during the departure period. The regulation says the penalties for failing to depart do not apply in that case.
- A petition for review in federal court, or any other judicial challenge. Even then, someone granted voluntary departure at the end of the case who leaves within 30 days of filing, gives DHS proof of departure and shows they remain outside the US is not treated as having departed under a removal order (1240.26(i)).
Authority to extend the time to depart is only within the jurisdiction of the district director, the Deputy Executive Associate Commissioner for Detention and Removal, or the Director of the Office of Juvenile Affairs, not the judge. Even with an extension, the total cannot exceed 120 or 60 days (1240.26(f) and (h)).
If you do not leave in time
These consequences apply when a person who was permitted to depart voluntarily then voluntarily fails to depart within the time specified (8 U.S.C. 1229c(d)(1)). They do not apply if the person filed a post-decision motion to reopen or reconsider during the departure period (8 CFR 1240.26), and the 10-year bar has the VAWA exception described below the table.
| Consequence | Source |
|---|---|
| Civil penalty of not less than $1,000 and not more than $5,000; after inflation adjustments, $1,992 to $9,970, with a general default amount of $3,000 (Federal Register 2026-21024) | 8 U.S.C. 1229c(d)(1)(A); FR 2026-21024 |
| The amount is presumed to be $3,000 unless the judge or the Board sets another amount when granting voluntary departure | 8 CFR 1240.26(l) |
| 10 years of ineligibility for voluntary departure and for relief under INA sections 240A, 245, 248 and 249: 8 U.S.C. 1229b (cancellation of removal), 1255 (adjustment of status), 1258 (change of nonimmigrant classification) and 1259 (record of admission for permanent residence) | 8 U.S.C. 1229c(d)(1)(B); 8 CFR 1240.26(a) |
| The judge entered an alternate order of removal with the grant | 8 CFR 1240.26(d) |
The statute requires the voluntary departure order to tell you about these penalties (1229c(d)(3)). The 10-year bar on cancellation of removal and adjustment of status has an exception for VAWA self-petitioners and some other survivors of battery or extreme cruelty, when that abuse was at least one central reason for not leaving (1229c(d)(2)).
Voluntary departure, removal and CBP Home
Removal. A removal order carries its own bar on returning. Under 8 U.S.C. 1182(a)(9)(A)(ii), a person not covered by clause (i) who was ordered removed under section 1229a or any other provision of law, or who left while a removal order was outstanding, is inadmissible for 10 years from the departure or removal. The period is 20 years after a second or subsequent removal, and there is no time limit for an aggravated felony conviction. Clause (i) covers a person ordered removed under 8 U.S.C. 1225(b)(1) or at the end of proceedings initiated on arrival in the United States: the bar is 5 years (20 after a second or subsequent removal, no time limit for an aggravated felony conviction). Neither bar applies if, before the person reembarks abroad or tries to be admitted from foreign contiguous territory, the Attorney General has consented to their reapplying for admission (1182(a)(9)(A)(iii)). Voluntary departure is granted in lieu of removal, but the alternate order of removal is always entered with it.
Unlawful presence. The 3-year and 10-year bars in 8 U.S.C. 1182(a)(9)(B) depend on how much unlawful presence a person accrued:
- 3 years: more than 180 days but less than 1 year of unlawful presence, and leaving voluntarily before proceedings began.
- 10 years: 1 year or more of unlawful presence.
The 10-year clause counts from the date of “departure or removal”, so it is not limited to people who were removed. Time under age 18 does not count. Neither does time with a bona fide asylum application pending, unless the person worked without authorization. Whether a bar applies to you is a question for your representative.
CBP Home. DHS says a departure through CBP Home is not considered a voluntary departure under 8 U.S.C. 1229c. CBP Home’s exit payment, travel and effect on a pending case are explained in our CBP Home guide.
The Guatemala side: the travel document
For a grant at the end of the case, your proof that you can leave must include a passport or travel document sufficient to assure lawful entry into Guatemala. DHS can inspect and copy it, and can challenge it. If you are asking before the case ends and do not have the document yet, the judge, if satisfied that you are making diligent efforts to get it, can grant up to 120 days on condition that you get it and present it to DHS within 60 days.
If your Guatemalan passport is expired or lost, start early. See getting a Guatemalan passport from the US. For the hearing itself, check your next date with the EOIR case status tools. If you speak a Mayan language, see Mayan-language interpreters in US immigration court. Once you have a departure date, the returning to Guatemala checklist covers documents, money and belongings.
Sources
- 8 U.S.C. 1229c, United States Code, 2024 edition (GPO, govinfo.gov); cross-checked against the Legal Information Institute copy, which lists no amendment after 2006
- 8 CFR 1240.26, Voluntary departure: authority of the Executive Office for Immigration Review (eCFR, version of October 19, 2026)
- 8 U.S.C. 1182(a)(9), United States Code, 2024 edition (GPO, govinfo.gov)
- DHS, CBP Home page (checked October 21, 2026)
- Federal Register 2026-21024, Imposition and Collection of Civil Penalties for Certain Immigration-Related Violations (October 14, 2026)
Frequently Asked Questions
How long do I get to leave the US with voluntary departure?
It depends on when the immigration judge grants it. If granted before your removal proceedings are completed, the period cannot exceed 120 days (8 U.S.C. 1229c(a)(2)(A)). If granted at the conclusion of the proceedings, it cannot exceed 60 days (1229c(b)(2)). The regulation says that even with extensions the total cannot go beyond those limits (8 CFR 1240.26(h)).
How much is the voluntary departure bond?
If voluntary departure is granted at the end of the case, the bond is set in an amount necessary to ensure you leave, but never less than $500. It must be posted with the ICE Field Office Director within 5 business days of the judge’s order (8 CFR 1240.26(c)(3)(i)). If you leave on time, you can ask the ICE Field Office Director to cancel the bond, with proof of your departure (1240.26(c)(3)(v)).
What happens if I am granted voluntary departure and do not leave?
Under 8 U.S.C. 1229c(d)(1), a person who voluntarily fails to depart in time faces a civil penalty of not less than $1,000 and not more than $5,000. A DHS and DOJ final rule (Federal Register 2026-21024, October 14, 2026) says that, after inflation adjustments, the penalty set by an immigration judge or the BIA may range from $1,992 to $9,970, with a general default amount of $3,000. The regulation presumes $3,000 unless the judge sets another amount. The person also becomes ineligible for 10 years for voluntary departure and for relief under 8 U.S.C. 1229b (cancellation of removal), 1255 (adjustment of status), 1258 (change of nonimmigrant classification) and 1259 (record of admission for permanent residence) (1229c(d)(1)(B); 8 CFR 1240.26(a)). The judge entered an alternate order of removal with the grant (8 CFR 1240.26(d)).
Is voluntary departure the same as deportation?
No. The statute grants it in lieu of removal (8 U.S.C. 1229c(b)(1)). But the judge also enters an alternate order of removal (8 CFR 1240.26(d)), and that order takes effect if the grant ends, for example if you do not post the bond after waiving appeal, or file a motion to reopen. Separately, the 3-year and 10-year unlawful-presence bars in 8 U.S.C. 1182(a)(9)(B) count from the date of departure or removal.
Is CBP Home the same as voluntary departure?
No. DHS says a departure through CBP Home is not a voluntary departure under 8 U.S.C. 1229c. What CBP Home offers is explained in our CBP Home guide.
What document do I need to fly home to Guatemala?
When voluntary departure is granted at the end of the case, the regulation requires a passport or other travel document sufficient to assure lawful entry into the country you are going to, and DHS may inspect and copy it (8 CFR 1240.26(c)(2)). If the document is not available yet, a judge granting it before the end of the case who is satisfied that you are making diligent efforts to get it can give up to 120 days, on condition that you get the document and present it to DHS within 60 days (1240.26(b)(3)(ii)).
