If you take VD – you can re-enter the United States providing you have the requisite non-immigrant visa or immigrant visa along with the appropriate waiver.
If you are granted VD and don’t leave, then the voluntary departure order automatically turns into a removal order and therefore barred from re-entering the U.S. for 10 years along with being ineligible for COR, VD or adjustment of status/change of status.
Pursuant to 8 C.F.R. § 1240.26(c)(3) (2010), an Immigration Judge who grants an alien voluntary departure must advise the alien that proof of posting of a bond with the Department of Homeland Security must be submitted to the Board of Immigration Appeals within 30 days of filing an appeal and that the Board will not reinstate a period of voluntary departure in its final order unless the alien has timely submitted sufficient proof that the required bond has been posted.
Those with further questions are welcome to consult with an attorney at the law offices of Caro Kinsella to obtain advice on this important document.
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