In general, an Immigration Judge can grant
a foreign national in removal proceedings the opportunity to depart the
United States voluntarily, rather than being removed by
United States
Immigration & Customs Enforcement (ICE), if there is no other relief
available to them.
The foreign national may be granted
this benefit at the conclusion of removal proceedings if the foreign
national has been physically present in the United States for at least one
year prior to receiving the Notice to Appear (the document that indicates
that they are in removal proceedings), has been a person of good moral
character for at least five years prior to being placed in removal
proceedings, is not deportable for any of the criminal grounds of removal,
and can establish that it is their intention to depart the United States.
The Immigration Judge has the
discretion to grant a period of at least 120 days for the foreign national
to depart. Many attendant circumstances and potential consequences follow a
grant of voluntary departure and should be
discussed with an attorney in
greater detail.