A notice from the immigration court, a decision from U.S. Citizenship and Immigration Services, or advice from an attorney may say that a person was "granted voluntary departure" or should "request voluntary departure instead of removal." That means the federal government is allowing a noncitizen to leave the United States by a set deadline at their own expense, rather than being formally removed under a removal order. The authority appears in Immigration and Nationality Act § 240B, 8 U.S.C. § 1229c. Voluntary departure may be granted either before the end of removal proceedings or at the conclusion of the case, with different eligibility rules. In general, the maximum period is up to 120 days before completion of proceedings and up to 60 days at the end of proceedings.

The practical difference is significant. A person who leaves under voluntary departure usually avoids the additional legal consequences tied to a formal removal order, which can affect future visa applications, adjustment of status, and admissibility. But the deadline is strict. If the person does not leave on time, the grant converts into serious penalties, including civil fines and a 10-year bar on certain forms of immigration relief under 8 U.S.C. § 1229c(d).

For an injury claim in Rhode Island, immigration status does not automatically prevent someone from pursuing damages after a crash on I-95 or Route 146. But a pending departure deadline can affect where the person can receive mail, attend medical examinations, give testimony, or continue a personal injury case. Coordination between immigration and civil counsel is often necessary.