At the close of deportation proceedings, if no relief has been found applicable to the respondent, normally s/he faces a deportation order and as a consequence of that order a five year bar to remain outside of the U.S. before again being admissible to the country.  However, that five year bar can be vitiated if voluntary departure is granted.

Voluntary departure has four elements under the law:

• The respondent must have been physically present in the U.S. for one year prior to have been served with the notice to appear before the immigration court;
• The respondent must show good moral character for the five years prior to having filed his/her motion for voluntary departure;
• The respondent must not have a conviction of an aggravated felony nor be deportable for national security issues;
• The respondent must prove that s/he has the ability and means to pay for his/her return to the home country and the intention to do so.

Often, if we have a case of an individual who is eligible to adjust his/her status through a residency application at the U.S. consulate or embassy abroad (say, e.g., the undocumented spouse of a U.S. citizen in deportation proceedings who has a 98% chance of obtaining a resident visa through the consular immigrant visa application and I-601 waiver), we will file for voluntary departure and coordinate the departure date with the immigration court, with the date of the consular interview, so that the minimum time abroad is spent before a quick reentry as a lawful permanent resident of the U.S. is had!