Aliens who fail to depart within that time will become ineligible for voluntary departure or certain other forms relief for a period of 10 years. It eases case management for the INS and for the Immigration Court, and it saves taxpayer dollars because aliens depart at their own expense.
Voluntary departure is available both during and prior to removal proceedings.
Arriving aliens, aggravated felons and terrorists are not eligible. INS Border Patrol agents can offer voluntary departure to aliens when they are apprehended at or near the border. INS officers and immigration judges can also offer voluntary departure, usually when an alien is apprehended inside the United States for violations of the immigration law. In addition, only aliens who have been present in the United States for one year prior to being placed in removal proceedings may be granted voluntary departure at the conclusion of proceedings. If the bond is not posted within five business days, the voluntary departure order will be canceled and an alternate order of removal will take effect.