A Motion for Voluntary Departure can sometimes serve as a last resort in removal proceedings — but for some individuals, it can also represent a path to freedom and closure.

What Is Voluntary Departure?

Voluntary departure allows an individual to leave the United States voluntarily, rather than being formally deported by the government.
By choosing this option, you avoid the legal consequences of a deportation order, which can make it easier to return to the U.S. legally in the future.

When Can It Be Requested?

Immigration cases can take a long time to resolve, especially when there are complex legal issues or long backlogs in the immigration courts.
If you are in custody and cannot wait any longer for a decision, you may file a Motion for Voluntary Departure asking the court for permission to depart the country voluntarily.

This motion can provide a way to end prolonged detention and move forward, even though it means leaving the U.S.

How Does DHS Respond?

Currently, the Department of Homeland Security (DHS) often does not oppose requests for voluntary departure.
However, DHS generally does not favor releasing individuals from custody, even when the motion is granted.
In other words, DHS may agree to voluntary departure — but still require you to remain in custody until departure arrangements are finalized.

Why Legal Guidance Is Essential

While voluntary departure can bring relief, it also carries serious legal implications for your future immigration options.
An experienced immigration attorney can help you evaluate whether this option is right for you, prepare the motion correctly, and ensure you understand all possible consequences before proceeding.

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