Can I Get a Green Card After Voluntary Departure?

If you were granted voluntary departure and want to know whether you can obtain a Green Card, the answer depends on your case. Voluntary departure is not a direct or guaranteed path to legal status, but it does not necessarily close every door. 

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Understanding your options before taking action can make the difference between opening a legal path and losing one. At Lluis Law, we explain what voluntary departure is, when accepting it may be advisable, and what options may be available afterward to resolve your immigration status.

Can I Really Get a Green Card after voluntary departure from the United States?

In some cases, yes, but not automatically or directly. Voluntary departure prevents a formal deportation order from being entered into your record, which may make future consular processing easier. However, it does not erase accrued unlawful presence or guarantee that you can return.

Therefore, everything depends on three key factors: 

• How long you remained in the United States without lawful immigration status.
• Whether you have a valid legal basis to apply for a visa or adjust your immigration status.
• Whether you need a waiver of inadmissibility before you can return to the United States.

Some people can begin the immigration process from abroad and return legally. Others may face three-year or ten-year inadmissibility bars before they can do so.

What Is Voluntary Departure in Immigration?

Voluntary departure from the United States is an alternative to formal deportation that allows a person to leave the country at their own expense within an established period, without receiving a removal order on their immigration record.

It is governed by INA Section 240B and 8 CFR Section 1240.26, and it may be granted by an immigration judge or, in certain cases, by the Department of Homeland Security.

What voluntary departure does:

• Prevents a formal deportation order from being entered into your record.
• May make future consular processing easier.
• Provides time to arrange personal matters before leaving.

What voluntary departure does not do:

• It does not erase accrued unlawful presence.
• It does not guarantee that you can return quickly or easily.
• It is not an immigration waiver.

To understand how it compares with other alternatives, you can review the types of deportation in the United States and their consequences.

When Can You Request Voluntary Departure?

Voluntary departure may be requested at three different stages of the immigration process, each with different requirements:

Before Appearing Before an Immigration Judge

The Department of Homeland Security may grant voluntary departure directly. Almost anyone may qualify, except individuals who have aggravated felony convictions or are considered a danger to national security. The period allowed for departure may be up to 120 days.

During Proceedings, Before the Final Hearing

Voluntary departure may be granted by the Department of Homeland Security or an immigration judge. The same exclusions apply. The departure period may also be up to 120 days, although accepting voluntary departure generally requires the person to withdraw other applications for relief and agree that they are removable.

At the End of Immigration Court Proceedings

Only an immigration judge may grant voluntary departure at this stage. To qualify, a person must: 

• Have been physically present in the United States for at least one year.
• Demonstrate good moral character during the previous five years.
• Have no aggravated felony convictions.
• Have the financial resources to pay for the trip.

In this situation, the departure period is up to 60 days, and an immigration bond of at least $500 may be required.

When Is Voluntary Departure a Good Option?

Voluntary departure is not inherently good or bad. It may be a strategic decision in certain situations:

• There are no strong legal defenses available to continue the case.
• Deportation is imminent, and the person needs time to arrange personal matters.
• The person wants to avoid a formal removal order on their record.
• There may be an opportunity to begin a legal immigration process from abroad in the future.

However, voluntary departure is not always advisable. If the person has an active defense in immigration court, such as an asylum case, cancellation of removal, or another form of relief, leaving the country could eliminate options that were still available.

Before accepting voluntary departure, it is essential to review the case with an attorney. You can begin by exploring your options for immigration court representation before making a decision.

Can I Get a Green Card after voluntary departure?

Yes, it may be possible in some cases, but the process is neither simple nor the same for everyone. Your options depend on your immigration history, the amount of unlawful presence you accrued, and the legal basis available to you.

Option 1: Adjustment of Status from Within the United States

In certain cases, a person may be able to obtain lawful status without leaving the country. This applies when the person is legally eligible for adjustment of status from within the United States, such as when they entered lawfully, have a valid family petition, or have an active form of immigration protection.

If this option is available, leaving under voluntary departure could complicate or eliminate an existing path. That is why it is essential to analyze the case before taking action.

Option 2: Applying for a Visa from Abroad

For many people, applying for a visa from their country of origin is the most realistic path. If you have a valid basis, such as a family petition or employment offer, you may begin consular processing for permanent residence from abroad.

This is where inadmissibility based on unlawful presence, governed by INA Section 212(a)(9)(B), becomes relevant:

• Three-year bar: This may apply if you accrued more than 180 days but less than one year of unlawful presence and departed before removal proceedings began.
• Ten-year bar: This may apply if you accrued one year or more of unlawful presence, regardless of whether you departed voluntarily or were deported.

One advantage of voluntary departure over formal deportation is that it may simplify the consular review of the case because there is no removal order resulting from the voluntary departure.

If you were previously deported, you can review the available options to apply for reentry after deportation and the restrictions that may apply.

Option 3: Applying for an Immigration Waiver

In some cases, a person may be able to request a waiver for unlawful presence before leaving the country for a consular interview. 

This provisional waiver may be available to people who can demonstrate that refusing their admission would cause extreme hardship to a spouse or parent who is a U.S. citizen or lawful permanent resident. 

What Are the Consequences of Voluntary Departure?

In addition to the inadmissibility periods triggered by unlawful presence, there are other important consequences that every person should understand:

If You Do Not Leave Before the Deadline

Failing to comply with the voluntary departure deadline has serious consequences. The voluntary departure order automatically becomes a formal deportation order. In addition, under 8 CFR Section 1240.26, the person may face civil penalties ranging from $1,000 to $5,000 and may be barred from receiving certain immigration benefits for 10 years, including permanent residence through a family member.

If You Return Without Authorization After Voluntary Departure

If you return without authorization after voluntary departure, you may face immigration consequences and, in some cases, criminal penalties. 

The risk is greater if: 

• A deportation order existed.
• The person failed to comply with the voluntary departure order.
• The person accrued more than one year of unlawful presence and later reentered or attempted to reenter without being admitted.

You can learn more about the options for returning after deportation and the restrictions that may apply.

If You Departed After Accruing Unlawful Presence

Leaving the country after accruing unlawful presence triggers the inadmissibility periods described above. 

This is one of the most important issues to analyze before accepting voluntary departure because many people do not realize that leaving the country may trigger a three-year or ten-year bar.

Does Voluntary Departure Count as Deportation?

No. This is one of the most significant differences between the two procedures. A person who voluntarily departs within the established deadline does not receive a formal removal order as a result of that departure. This distinction has important practical consequences:

• There is no formal removal order resulting from a properly completed voluntary departure.
• The bar associated with a removal order is not triggered solely because of the voluntary departure.
• The person may avoid having to request certain permissions that are specifically connected to a formal deportation.

However, voluntary departure does not eliminate inadmissibility bars based on unlawful presence. In addition, if the person does not leave before the agreed deadline, the voluntary departure order automatically becomes a deportation order, with all the consequences that this entails.

Can I Return to the United States After Voluntary Departure?

Yes, but usually not immediately. Your ability to return depends on several factors:

• The amount of unlawful presence accrued before departure.
• Whether there is a legal basis to apply for a visa or adjust status.
• Whether an immigration waiver is required before returning.

For people who comply with the departure deadline and have a valid legal basis, returning lawfully may be possible, although the process can require years of waiting and complex immigration procedures.

If you have an approved Form I-130 and want to know how to continue the process from abroad, this is the next step to evaluate with an attorney.

What Factors Can Prevent You from Obtaining a Green Card?

What Is the Six-Month Rule for a Green Card?

The “six-month rule” refers to the unlawful presence threshold that triggers the three-year inadmissibility bar. For the bar to apply, two conditions must be met:

• The person must have accrued more than 180 days but less than one year of unlawful presence.
• The person must have left the country before formal removal proceedings began.

If both conditions are met, the person may be barred from entering the United States for three years.

What many people do not know is that this consequence is triggered when they leave the country. People who have lived in the United States without lawful status for years may not realize that their departure activates the applicable bar.

To review the permanent residence categories that may be available based on your circumstances, USCIS provides information about Green Card eligibility categories based on the applicable immigration classification.

Other Factors That Can Affect Green Card Eligibility

Several factors may affect your eligibility for lawful permanent residence, including:

• Accrued unlawful presence that triggers three-year or ten-year inadmissibility bars.
• Aggravated felony convictions, which may result in a permanent bar in some cases.
• Having been formally deported without obtaining permission to reenter.
• Fraud or misrepresentation before immigration authorities.
• Not having a valid legal basis, such as a qualifying family member, a sponsoring employer, or another visa category.

Frequently Asked Questions About Getting a Green Card after voluntary departure

What Happens After Voluntary Departure?

The person must leave the country within the established period, which may be up to 120 days if voluntary departure is granted before the final hearing or up to 60 days if it is granted at the end of the proceedings. 

Once outside the United States, the person may face three-year or ten-year inadmissibility periods based on the amount of unlawful presence accrued and must explore legal options for returning from abroad.

Does Voluntary Departure Count as Deportation?

No. Unlike formal deportation, voluntary departure does not result in a removal order on the person’s immigration record, provided that they leave within the established deadline. This may make future consular processing easier.

Can I Return to the United States After Voluntary Departure?

Yes, but depending on your immigration history, you may face a waiting period of three or ten years. In some cases, you may be able to request a waiver that allows you to return sooner. Having a valid legal basis is essential.

What Is Voluntary Departure in Spain?

In Spain, voluntary departure programs are part of an assisted return process for people without lawful immigration status. 

Although the concept shares some similarities with the U.S. system, the conditions, deadlines, and consequences are different. This article focuses exclusively on the United States immigration system.

How Much Money Do You Receive for Voluntary Return?

In the United States, voluntary departure does not include financial compensation. 

The person must pay for their own travel as a condition of receiving voluntary departure. Assisted return programs exist in other countries, but they are not a standard part of the U.S. immigration system.

How Can Lluis Law Help You Obtain a Green Card after voluntary departure?

Voluntary departure can be a strategic decision or a serious mistake, depending on the circumstances of each case. Accepting it without understanding the consequences may trigger inadmissibility bars, eliminate legal options, or complicate future immigration processing from abroad.

At Lluis Law, we evaluate your complete immigration history to determine whether voluntary departure is the best option or whether a more favorable path may be available from within the United States. 

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If you have already departed voluntarily, we analyze the legal paths that may be available to resolve your immigration status. If you have an active immigration court case or are considering accepting voluntary departure, speak with our attorneys before making a decision.