Voluntary Departure Attorneys Helping You Exit On Your Own Terms
Facing removal proceedings is one of the most frightening experiences a person can go through. The fear of leaving your home, your family and the life you have built here is real. At Cornejo & Cornejo, LLP, our attorneys understand what is at stake for you.
Voluntary departure is a legal option that allows certain individuals in removal proceedings to exit the United States according to their own arrangements, rather than facing a formal deportation order. It is not the right path for every person, but for many it can make a meaningful difference in their immigration future.
Who Qualifies For Voluntary Departure?
Not everyone in removal proceedings will be eligible for voluntary departure. Immigration courts review several key factors before granting this option. To be eligible, an individual generally must:
- Have lived in the United States for a minimum of one year preceding the start of the removal process
- Demonstrate a track record of responsible, law-abiding conduct for a minimum of five years leading up to the request
- Have the financial means to pay for their own departure from the country
- Have no conviction for an aggravated felony or any terrorism-related offense
- Agree to voluntarily leave and waive the right to appeal the removal order
Meeting these conditions does not guarantee approval. The details of your case will play a significant role in any determination.
The Benefits And Risks Of Choosing Voluntary Departure
Voluntary departure carries real advantages for those who qualify. However, it also comes with serious risks that require careful consideration.
Benefits include:
- No formal deportation order entered on your immigration record
- Your eligibility for future immigration benefits and visa applications preserved
- Avoiding the long-term re-entry bars that come with an official removal order
- Retaining some control over the timing and logistics of your departure
Keeping your future open is one of the most important reasons you might choose this path when you plan to seek legal entry again.
On the other hand, the risks include:
- Being personally responsible for all travel costs and may be required to post a departure bond
- The court setting a firm deadline for departure and missing that deadline brings severe legal consequences
- Still being required to leave the United States, which means real disruption to your life and relationships
- Losing eligibility for most future forms of immigration relief if you fail to depart by the court’s deadline
These risks are serious. We strongly encourage every client to consult with our team before agreeing to voluntary departure in court.
Voluntary Departure Vs. Other Defense Strategies
Voluntary departure is one approach within a broader range of defenses available during removal proceedings. Other strategies that may apply include:
- Cancellation of removal, which may allow certain long-term residents to remain in the United States
- Asylum or withholding of removal for individuals who face real persecution in their home country
- Adjustment of status when a qualifying family or employment relationship exists
- Contesting the removal order directly before an immigration judge
The right course of action depends entirely on the facts of your situation. In many cases, challenging the removal order head-on is the stronger approach, especially when legal arguments or strong equitable factors are present.
When immigration matters overlap with criminal charges, our team draws on experience across both areas of law to build the most complete defense possible. We will evaluate every case on its own merits because your future deserves focused, individual attention.
Get Honest Guidance On Your Immigration Case
When removal proceedings are moving forward, time is a factor you cannot ignore. At Cornejo & Cornejo, LLP, we serve immigrant communities in Dalton, Woodstock, North Georgia and across the United States. Our team is committed to ethical, compassionate representation and will evaluate every legal option available in your case.
Contact our office today at 770-783-3220 to schedule your consultation. We are ready to listen, review your circumstances and work alongside you every step of the way.

