Thinking about leaving the US on your own? What happens to your case and coming back

This page covers what leaving does to your immigration case and to your chances of coming back. It is general information, not legal advice. For packing, money and papers, see Checklist before leaving the United States.

This may be one of the hardest choices your family ever makes. Whatever you decide, decide it with the full picture. Here it is.

Is there a special "self deportation" status?

No. There is no legal status called "self deportation." When you leave, you leave, and the normal rules about your case and about coming back still apply.

The government's CBP Home app lets people tell DHS they plan to leave. In a January 21, 2026 release (DHS release, AILA copy), DHS said people who sign up get a free flight home and a $2,600 payment, and that it forgives civil fines for not leaving the country. The Congressional Research Service described the same terms on August 31, 2026. The amount has changed before, so check the current terms in the app before you rely on them. Do not assume the app protects you from the bars to coming back. Ask a lawyer before you sign up.

What happens to my case if I just leave?

It depends on what kind of case you have.

• A pending asylum application. If you leave without travel permission approved in advance, the law treats your asylum application as given up (abandoned).
• A case in immigration court. Your court case does not close just because you leave. Talk to a lawyer about asking the judge for voluntary departure (below) or another way to end the case before you go.
• A removal (deportation) order. If you leave while you have a removal order, the law treats you the same as someone who was deported. You cannot come back for 10 years without special permission, or 20 years after a second removal.
• A pending green card application (adjustment of status). If you leave without advance parole, the law treats the application as given up. If you are also in removal proceedings, leaving gives up the application and can end the court case because you left (8 CFR 245.2(a)(4)(ii)). There are narrow exceptions for some people in H, L, K or V status.
• Even with advance parole. USCIS says that since August 13, 2026, leaving on advance parole counts as a departure for the 3 and 10 year bars (USCIS, Form I-131 page, updated October 7, 2026). If you have more than 180 days of unlawful presence, talk to a lawyer before any trip.
• Other pending applications. Leaving can also end other requests you have filed. Ask before you go.

What is voluntary departure?

Voluntary departure is permission to leave on your own, by a set date, instead of getting a deportation order. It can keep a removal order off your record. That matters if you ever want to come back.

• Early in your case: a judge may give up to 120 days to leave. Some people with certain criminal or security grounds cannot get it.
• At the end of your case: a judge may give up to 60 days. You must show you were here at least one year before you got your Notice to Appear, that you had good moral character for the last five years, that you have no aggravated felony, and clear proof that you have the money to leave and plan to go. You must also pay a bond.

If you do not leave in time, you face a fine of $1,000 to $5,000, and for 10 years you cannot get cancellation of removal, a green card through adjustment of status, and some other relief. Some survivors of abuse have an exception. The judge's order must warn you of these penalties.

Voluntary departure does not erase unlawful presence. The bars below can still apply.

Can I come back later?

Maybe, but leaving can start a waiting period called a bar. How long depends on your history.

Things that may help:

• Time before age 18 does not count as unlawful presence.
• Time with a real asylum application pending does not count, unless you worked without permission during that time.
• A waiver can forgive the 3 or 10 year bar for some people who are the spouse, son or daughter of a U.S. citizen or green card holder. You must show your citizen or green card holder spouse or parent would suffer extreme hardship. See The 3 and 10 year bars and the waiver to forgive them.

Count your time carefully with a lawyer. A few weeks can change a 3 year bar into a 10 year bar.

Should I leave?

Only you and your family can answer that. Before you decide, find out:

1. Whether you have a defense or a way to get papers you do not know about
2. Which bar, if any, will apply to you
3. Whether voluntary departure is better than leaving on your own
4. What happens to your children's school, health care and papers. See Checklist before leaving the United States.

Example (made up to show the steps): Marco came without a visa nine years ago. He has a court case and a hearing next spring. His mother in Guatemala is sick, and he wants to go home for good.

1. He books a free consultation and brings his Notice to Appear and every court paper.
2. The lawyer explains that his nine years without status mean a 10 year bar if he leaves, however he leaves.
3. The lawyer asks the judge for voluntary departure at Marco's next hearing, so he leaves without a removal order on his record.
4. Marco leaves before the judge's deadline and keeps proof of the date he left.

With a removal order, he would also have needed special permission to come back, on top of the 10 year bar. Voluntary departure did not erase his unlawful presence, but it kept his record cleaner.

Many people learn in a single consultation that they have more options than they thought. Some learn that leaving now protects their future. Either way, you will choose with clear eyes.

Who can help?

These are free or low cost groups and public offices. Contact them to confirm hours, languages and openings. Being listed here is not a referral or a promise of service.

• Community Legal Services in East Palo Alto (CLSEPA): 650-326-6440. Walk in at 1861 Bay Road, East Palo Alto, Monday to Friday, 9 a.m. to 1 p.m. For people with low income in San Mateo and Santa Clara counties.
• Immigration Institute of the Bay Area, Redwood City: (650) 587-1558 for consultations. A first consultation is free, by appointment. iibayarea.org
• Outside the Bay Area: the California Department of Social Services list of state funded immigration legal services.
• More options: Free or low cost immigration legal help in the Bay Area

Only a lawyer or a Department of Justice accredited representative may give you immigration legal advice. Be careful with anyone who charges to "process your departure." See Warning signs of an immigration scam.

Is there a list of questions I can print?