; withdrawal of application for admission (a) In general Chapter 4 of title II of the Immigration and Nationality Act ( 8 U.S.C. 1221 et seq. ), as amended by section 142(a), is further amended by inserting after section 240D the following: 240E. Voluntary departure after noncustodial processing (a) Conditions (1) In general The Secretary of Homeland Security (referred to in this section as the Secretary ) may permit an alien to voluntarily depart the United States under this subsection, at the alien’s own expense, instead of being subject to proceedings under section 235B or 240D or before the completion of such proceedings, if such alien is not deportable under paragraph (2)(A)(iii) or (4)(B) of section 237(a). (2) Period of validity Permission to depart voluntarily under this subsection shall be valid for a period not to exceed 120 days. (3) Departure bond The Secretary may require an alien permitted to depart voluntarily under this subsection to post a voluntary departure bond, which shall be surrendered upon proof that the alien has departed the United States within the time specified in such bond. (b) At conclusion of proceedings (1) In general The Secretary may permit an alien to voluntarily depart the United States under this subsection, at the alien’s own expense, if, at the conclusion of a proceeding under section 240D, the asylum officer— (A) enters an order granting voluntary departure instead of removal; and (B) determines that the alien— (i) has been physically present in the United States for not less than 60 days immediately preceding the date on which proper notice was served in accordance with section 235B(e)(2); (ii) is, and has been, a person of good moral character for at least 5 years immediately preceding the alien’s application for voluntary departure; (iii) is not deportable under paragraph (2)(A)(iii) or (4) of section 237(a)