Skip to main content

If the judge does not accept voluntary departure, what will happen?

Dallas, TX |

I understand the judge might order me deported, but what happens in that case? Do they arrest me right there in court or since I was already bonded out of jail will I be able to stay out? Any advice will help so I can get my things in order just in case.

Attorney Answers 4


You should direct all these questions to the attorney who is handling your case. If you are in removal proceedings without an attorney, you are shooting yourself in the foot. You only take VD when you indeed intend to leave the country in compliance with the VD grant. Otherwise, you NEVER ask for and NEVER agree to a grant of VD because when you do not leave, it will turn to haunt you. As to the arrest, in most immigration courts, you will not be arrested because when you are ordered deported, you have 30 days to seek an appeal.

NYC EXPERIENCED IMMIGRATION ATTORNEYS; email:; Phone: (866) 456-­8654; Fax: 212-964-0440; Cell: 212-202-0325. The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter.

Mark as helpful

6 lawyers agree


Taking voluntary departure can have negative consequences. Consult with an immigration attorney before you consider doing so.

Please click the link at the very bottom for additional information.

Carl Shusterman, Esq.
Former INS Trial Attorney (1976-82)
Board Certified Immigration Attorney (1986 - Present)
Schedule a Legal Consultation - Telephonic, Skype or In-Person
600 Wilshire Blvd., Suite 1550
Los Angeles, CA 90017
(213) 394-4554 x0
Web: (English) (Spanish)

(213) 394-4554 x0 Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration experience. His response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.

Mark as helpful

14 lawyers agree


Both my colleagues are correct. Seek an an attorney quickly.

Free Consultation Anywhere in USA | 626-399-4194 | |

Mark as helpful

2 lawyers agree


If the judge does not grant voluntary departure you can appeal the decision. You will have a 30 day period in which to file the appeal. If you do not file an appeal, ICE will eventually send you a letter to report in with plane tickets and your bags.

The answer provided here is general in nature and does not take into account other factors that may need to be reviewed for a more precise answer. You should consult with an immigration attorney before taking any action. The answer here is not intended to create an attorney-client relationship.

Mark as helpful

Immigration topics

Recommended articles about Immigration

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics