“Voluntary Departure” vs. “Self-Deportation”?
Para la versión en español, click aquí
Pour la version française, cliquez ici
They may sound similar.
But they are NOT the same — and choosing the wrong one can affect your future in America.
What Is Happening Now?
Right now, the U.S. government is encouraging some immigrants to leave through a program called:
“Self-Departure” (also known as “Self-Deportation”)
Using the CBP Home App
They are advertising:
A payment of about $2,600
A chance to leave on your own
This can make people think it is the same as Voluntary Departure.
It is NOT the same.
Here is what you need to understand before making any decision.
Do You Know the Difference Between
“Voluntary Departure” and “Self-Deportation”?
Voluntary Departure is a legal process approved by:
An Immigration Judge, or
The Department of Homeland Security (DHS)
It allows you to leave the U.S. without having a removal (deportation) order on your record — if you follow all the rules.
Main Benefit:
You avoid a deportation order, which can create serious problems for future reentry to the U.S.
Voluntary Departure is usually available to:
People who are already in immigration court
People with an asylum or another case pending
It is part of the legal court system, not just an app.
There are two stages for Voluntary Departure:
1️⃣ Pre-Conclusion VD (Early in Court)
Requested early in your case (for example, at a Master Calendar hearing)
You may get up to 120 days to leave
Usually easier to qualify
Often, no bond is required at this stage
2️⃣ Post-Conclusion VD (At the End of Your Case)
Requested after a judge denies asylum or other relief
You get up to 60 days to leave
You must pay a bond within 5 business days
Voluntary Departure comes with strict rules.
If you do NOT leave on time:
It can turn into a deportation order
You may face fines
You may face long-term or even permanent bars from returning
There is no grace period.
This is why you must be fully prepared before requesting VD.
What Is Voluntary Departure (VD)?
If you want to request Voluntary Departure, but your next Immigration Court hearing is months or years away, you may be able to ask the Court to schedule your hearing sooner.
This request is called a Motion to Advance.
A Motion to Advance asks the Immigration Judge to move an already scheduled hearing to an earlier date. In your motion, you can explain that you intend to leave the United States and would like an earlier hearing so you can request Voluntary Departure before your planned departure.
What should you include?
Your Motion to Advance should include:
Your full name and A-Number
The date of your currently scheduled hearing
That you intend to leave the United States
Approximately when you plan to leave
That you are asking the Court to advance your hearing so you can request Voluntary Departure
Information about any pending applications, such as an asylum application
Important: Send a copy to DHS/OPLA
When you file your Motion to Advance with the Immigration Court, you generally must also send a copy to DHS/OPLA, the government attorneys in immigration proceedings.
You should include a Certificate of Service confirming that you sent a copy to DHS/OPLA, including the date and method of service.
Make sure you send your motion to the Immigration Court handling your case and the appropriate DHS/OPLA office.
Find your OPLA office:
Visit the official ICE Field Offices page and select “Office of the Principal Legal Advisor” to find the appropriate office:
ICE — Find an OPLA Field Office
Use our sample Motion to Advance as a guide and adapt it to your individual situation
What if you want to request Voluntary Departure but your hearing isn't soon?
⚠️ Important: This sample is provided for educational purposes only and does not constitute legal advice. Filing a Motion to Advance does not guarantee that the Court will move your hearing or that you will be granted Voluntary Departure.
Self-departure through CBP Home is a government program, not a court decision.
You use the app to submit an “Intent to Depart.”
It is mainly for:
People who are not currently in immigration court.
People living in the U.S. without legal status.
Important:
The app does not give you a legal immigration benefit.
It does not guarantee that you will be able to return to the U.S. in the future.
It does prevent you from getting a deportation order if you leave as instructed.
What Is “Self-Departure” Through the CBP Home App?
Before using the CBP Home app, understand the risks:
The government advertises a payment, but there may be no guaranteed legal right to receive it
Some people have reported problems getting the money
You may be sharing your information with immigration authorities (including ICE)
There could still be a risk of arrest before departure
It does NOT erase unlawful presence
It does NOT guarantee future return
Do not assume it is a “safe shortcut.”
Voluntary Departure (VD)
✔️ Is a legal court/DHS decision
✔️ Can protect you from a removal order
✔️ May make it easier to apply to return in the future
CBP Home Self-Departure
⚠️ Is just a registration process
⚠️ It is unclear how it affects your ability to return
⚠️ It does not erase past immigration violations
Before making any decision, especially if you hope to return to the U.S. one day, get legal advice first.
VERY IMPORTANT: If You Have a Court Date
If you are in immigration court, this is critical:
If you leave without properly closing your case, the judge can issue an “in absentia” removal order (a deportation order for missing court).
That removal order can:
Create serious barriers to returning
Block future visas
Damage future immigration options
⚠️ If you have a court date, do NOT just leave using the CBP app without speaking to a lawyer.
You could be deported on paper even if you have already left.
What are the main differences
You should speak to a lawyer before choosing either option — especially if:
You have a pending asylum case
You have another form of immigration relief available
You have an upcoming court hearing
You are not sure if you are giving up your right to appeal (VD often requires this)
Every person’s situation is different.
What works for someone else may harm your future.
“Which Option Is Right for Me?”
Need Help? Join Our Free Legal Consultations
Do you have questions about your case?
We offer free online legal consultations every Thursday from 12–1 PM (New York time). You can speak directly with an immigration attorney. Interpreters are available in Spanish, French, and Russian.