Penalties for Overstaying Voluntary Departure

If you stay in the United States past your granted voluntary departure date, federal law bars you for ten years from vital forms of relief such as adjustment of status and cancellation of removal. In addition, DHS can fine you between $1,000 and $5,000, adjusted for inflation to between $1,992 and $9,970³, and your permission to leave converts into an active removal order.^1,2

What happens to your deportation order if you do not leave?

Whenever an immigration judge approves voluntary departure, they must simultaneously create a backup removal directive. If you remain in the United States after your granted departure window closes, this backup directive becomes an enforceable deportation command without any new court hearing. Once that alternate command activates, immigration officers can detain you and carry out your physical removal from the country.¹

What financial penalties can DHS impose on you?

Under federal immigration law, noncitizens who do not depart as scheduled face severe government fines. While the statute mandates a civil monetary assessment ranging from $1,000 up to $5,000, DHS has adjusted this penalty range for inflation to between $1,992 and $9,970³. In Matter of R-P-L- (2026), the Board of Immigration Appeals applied this rule to a person who stayed past their court date and upheld a $3,000 assessment issued by immigration authorities, though for penalties imposed on or after June 27, 2025, the Board no longer has appellate authority and appeal review lies exclusively within DHS⁴. Furthermore, if you willfully refuse to leave after an alternate deportation order takes effect, the government may levy separate daily fines reaching $998 each day.²

What deadlines and bond rules govern your departure?

The length of time you receive depends on the stage of your immigration court case. If you secure voluntary departure before your removal proceedings finish, the judge can give you a window not to exceed 120 days. However, if the court grants the privilege at the final conclusion of your hearings, your departure window cannot exceed 60 days.¹

For grants issued at the end of proceedings, you must deposit a departure bond of not less than $500. You must deliver this payment to an ICE Field Office Director within 5 business days of the judge's ruling. Neglecting to pay this required sum does not erase your deadline to leave or shield you from statutory penalties.¹

Does asking the judge to reopen your case stop the clock?

Many people mistakenly assume that submitting court paperwork pauses their voluntary departure period. Under the governing regulations, submitting a motion to reconsider or reopen before your exit window ends instantly terminates your voluntary departure privilege. When that occurs, your backup removal directive takes effect immediately, although timely filing shields you from failure-to-depart penalties. A lawyer can help evaluate whether filing a motion is safer than departing.¹

• MythI can avoid failure-to-depart fines if I did not mean to miss my deadline.

  FactFederal law does not require your failure to exit to be intentional, as the Board clarified in Matter of R-P-L- (2026) when upholding a fine against an individual who could not afford travel costs.³

• MythFailing to pay the departure bond cancels my obligation to depart.

  FactNot posting the required bond within 5 business days does not release you from your duty to depart, nor does it excuse you from the statutory punishments for staying past your window.¹

What you can do now

1. Check your exit deadlineReview your court paperwork immediately to verify whether the judge granted an early departure window of up to 120 days or a post-hearing window of up to 60 days.¹
2. Post your departure bond on timeIf your grant came at the conclusion of proceedings, pay the required bond of at least $500 to ICE within 5 business days to stay compliant with court terms.¹

Frequently asked questions

Sources

1. 8 CFR § 1240.26 Voluntary departure—authority of the Executive Office for Immigration Review.
2. Matter of R-P-L-, 29 I&N Dec. 859 (BIA 2026)
3. Civil Monetary Penalty Adjustments for Inflation, 90 FR 1
4. Imposition and Collection of Civil Penalties for Certain Immigration-Related Violations, 90 FR 27439 (8 C.F.R. §§ 281.1, 1003.1(b)(4), 1280.1(b))

This guide is general information from public records, not legal advice. Rules and deadlines can change and every case is different — talk to an immigration attorney or DOJ-accredited representative about yours.