Juan Carlos Alonzo Vasquez — known to friends as "Carlos" — appears to be done fighting to stay in the United States following his detainment by ICE officers in July.

He and his attorney, William Lazcano, have moved on to fighting for something more realistic.

Lazcano is looking into voluntary departure ("VD"), a process by which an undocumented immigrant leaves the country without a deportation order, paying for his or her own trip.

Those granted VD usually do not face bans on re-entering the United States, while those who lose their legal fights to stay may end up facing re-entry bans of up to 10 years, depending on the reason for deportation.

A source at ICE told Spectrum News on Wednesday that either immigration judges or ICE may grant VD at the beginning or end of removal proceedings, and that it is a discretionary measure.

"It's really up in the air," said Vasquez's former boss, The Anchor Restaurant co-owner Brandy Walters. "It just doesn't seem right that they're able to just able to change this for every person and treat it differently. I think it creates confusion. It creates depression. This whole uncertainty — It's not right. It's inhumane."

Walters volunteered to help Vasquez pay for his trip back to Mexico, and helped him secure his attorney.

Because Vasquez, 30, had not committed any offense more serious than his DWI in 2011 and because he has been cooperative while being held at the Orange County Correctional Facility, Walters hopes Vasquez gets granted VD, so he can return to Mexico to start paperwork to legally return to the states and his job as The Anchor's head grill chef. That process could take less than two years, according to Lazcano.

Vasquez was detained on July 18, when he showed up to the Ulster County Probation Department as he had been regularly doing for several months since he was caught by police driving a friend's car despite having no license.

Vasquez, currently single and without any children or other family in the United States, said he has come to terms with his very slim chances of being allowed to stay in the states, and is prepared to immediately return to his home state of Oaxaca.

Lazcano said that since Vasquez has not received a notice to appear from immigration court, ICE still has the ability to grant Vasquez VD before any court proceedings and that an ICE officer he recently spoke to was "open to it."

"During this time (that Vasquez has not received a notice to appear), ICE has the power to work out voluntary departure and make sure he has the means to pay for that," Lazcano said when reached by phone on Friday.

ICE sources said — in some cases — those who leave voluntarily might still face a re-entry ban for several years if they were already in the country illegally for more than one year.

Vasquez has been here for more than 10 years.

Since he was detained, Spectrum News has been visiting with Vasquez on a weekly basis at Orange County Correctional.

During our last meeting, he was looking on the bright side, saying he was anxious to see his father who is recovering from cancer and that his friends have offered to help him find work.

"I'm ready to go," Vasquez said in Spanish. "I can get started on my documents to come back and I can take care of my father while I'm home."

Vasquez also said he has tentative plans to marry his girlfriend, an American citizen, while in Mexico. That could aid his efforts to return legally to the states.

While he has representation, support from his community and employer, and a plan to return, Vasquez finds himself in limbo.

"I need to get out of here before I can do any of that," Vasquez said.