If you are thinking of leaving the United States while your immigration case or application is still pending, you must be careful. Leaving the country could make it harder for you to return, lead to your deportation, or result in the loss of your immigration application.
Before you make any decision, talk to a qualified immigration lawyer or a representative accredited by the Department of Justice. They can help you understand the risks and your options.
This information is not a substitute for legal advice from a qualified attorney or accredited representative. This story was last updated October 21, 2026.
Here’s what you need to know
- Voluntary departure is when the government gives you permission to leave the United States by a certain deadline instead of being deported.
- “Self-deportation” means leaving the U.S. on your own initiative, including through the CBP Home app.
- Leaving can affect your case. It may end or harm pending applications, appeals or court cases.
- Failing to comply with a voluntary departure order can activate a removal order and lead to penalties.
- Get legal advice before leaving. An immigration lawyer or DOJ-accredited representative can review your case.
What is the difference between voluntary departure and “self-deportation”?
Voluntary departure is a legal option that allows some immigrants to leave the U.S. by a deadline instead of receiving a formal deportation order. Under federal immigration law, it may be granted by the Department of Homeland Security in certain circumstances or by an immigration judge during deportation proceedings. Whether you qualify depends on your situation and where you are in the immigration process.
There are two types of voluntary departure:
1. Before the immigration judge finished the case
This is called pre-conclusion voluntary departure. It generally requires you to give up other requests for an immigration relief and your right to appeal. An immigration judge may allow up to 120 days to leave.
2. After the immigration judge finished the case
This is called post-conclusion voluntary departure. You must meet additional eligibility requirements, which can include requirements related to your time in the U.S., your character, and ability to pay for your departure. An immigration judge may give you up to 60 days to leave.
“Self-deportation” is not a formal immigration benefit or a type of voluntary departure granted by an immigration judge. The federal government uses the term for people who choose to leave the U.S. on their own, including through CBP Home. The government says that leaving through CBP Home is not the same as voluntary departure under immigration law.
Neither option guarantees that you will be given permission to return to the U.S.
How does the departure process work?
If you seek voluntary departure you must follow the immigration process. Depending on your case, you may have to give up a certain application for immigration relief or your right to appeal, pay a bond, or leave by a specific deadline. Just make sure you understand what you would be giving up before agreeing to anything.
If you choose to leave through the self-deportation process, the CBP Home app allows eligible people to submit their intention to leave the U.S. You will be required to give personal information and details about your travel documents.
Government assistance and financial incentives for people who leave through this process can change over time. Check the latest requirements directly with Customs and Border Protection (CBP) before making your plans.
Whichever process you choose, keep copies of your immigration court documents, travel documents, tickets and proof of departure.
What happens if you miss the voluntary departure deadline?
If you are given a deadline to leave the U.S. voluntarily and you missed it, there can be serious consequences. A deportation order that was put on hold may take effect. You could also face financial penalties and lose access to certain forms of immigration relief for 10 years, although some exceptions may apply.
If an emergency prevents you from leaving on time, you should contact your immigration lawyer immediately. Keep documents and other proof that show when you left the country.
Can you return legally to the U.S. after leaving?
It depends on your immigration history, how you left the country, and whether you qualify for a visa or another way to enter the U.S.
Leaving voluntarily or choosing to leave on your own doesn’t guarantee that you will be allowed to return. For instance, if you stayed in the U.S. without legal status for a certain period of time, leaving the country could trigger a bar on returning.
You may face a three-year ban if you accumulated more than 180 days (but less than one year of unlawful presence) during a single stay and left before removal proceedings started.
You may face a 10-year bar if you accumulated one year or more of unlawful presence during a single stay in the U.S. and then left or were deported. However, there are exceptions. Your situation may be different depending on your circumstances.
Before you leave the U.S., talk to an immigration lawyer. They can review your case and help you understand if you might be able to return legally.
Here’s what you should do before leaving:
- Consult an immigration attorney or DOJ-accredited representative.
- Confirm whether you have a removal order or pending court case.
- Review all applications, appeals and possible forms of relief.
- Tell your lawyer if you fear persecution or torture in your destination country.
- Understand what personal information CBP Home collects.
- Secure travel documents and make arrangements for children, housing, finances and medical needs.
- Keep copies of immigration records and proof of departure.
- Avoid notarios or anyone promising guaranteed results.
