Although the decision whether to risk deportation or apply for Voluntary Departure (VD) must be considered carefully, the latter might be part of a grander strategy for a foreigner to leave the U.S., obtain a visa abroad, and return to the country legally. With VD, the foreigner avoids a deportation order – which assigns a definite period of years during which a foreigner cannot return to the U.S.

Either the Department of Homeland Security (DHS) or an Immigration Judge (IJ) can grant Voluntary Departure (VD). DHS may grant VD up to a total of 120 days to a foreigner who agrees to depart the United States at her own expense.

An IJ can grant Voluntary Departure either before the master hearing or at the merits hearing. If it is granted prior to the completion of proceedings, the IJ can grant up to 120 days. The foreign national must request no other relief, concede removability, and waive appeal.

A foreigner may also apply for VD at the conclusion of a Removal Hearing. In that case, however, the Immigration Judge may grant no more than 60 days and the foreign national must meet certain conditions. The foreign national must have been physically present in the United States for at least one year before the issuance of the Notice To Appear (which begins removal proceedings), must be a person of good moral character for at least five years, must post a bond, must have the ability to leave at her own expense, and must not be deportable as an aggravated felon.

An immigration professional will advise whether and when a foreigner should apply for VD. Never replace professional advice with the oral suggestions made by a DHS official or even an Immigration Judge.