If there is no other relief from deportation, you should apply for voluntary departure from the United States. There is no formal application for voluntary departure. It is usually made orally to the immigration judge.
There are 4 different ways that Voluntary Departure may be granted.
1. Pre-Hearing Voluntary Departure by the Department of Homeland Security (DHS):
DHS may grant voluntary departure and extensions up to a total of 120 days to a foreign national who agrees to depart the U.S. at his/her own expense instead of being placed in proceedings. Certain conditions may apply such as the posting of a bond, continued detention until the foreign national is ready to depart and departure under safeguards. If removal proceedings have started, DHS can ask the Immigration Judge to terminate proceedings and then grant 120 days. If the alien fails to depart, he/she is ineligible for relief for 10 years and subject to civil penalties.
2. Pre-Hearing Voluntary Departure by the Immigration Judge (Agency: Executive Office of Immigration Review, EOIR):
The Immigration Judge may grant Voluntary Departure up to 120 days if the foreign national:
3. By Stipulationâ€”At any time prior to the completion of the final hearing, the foreign national and the ICE Assistant Chief Counsel (Department of Homeland Security prosecutor) can stipulate to 120 days.
4. At Conclusion of Removal Hearing.
The foreign national will receive no more than 60 days to voluntary depart the United States and must be eligible as follows:
Hart Immigration provides immigration services in Los Angeles, Orange County, and surrounding areas.