Voluntary departure granted second time?

[powerofnow]

Here is a basic summary of my brothers case who is currently detained

-Came here 1993, asylum was filed for him(he was age 5 at the time)
-asylum was denied in 2000
-he was given voluntary departure but did not depart
-He married a u.s born citizen in 2004
-filed i-130 (approved)
-His lawyer then told him to adjust his status even though he had an outstanding deportation order against him
-He goes to adjust and is detained (3 months ago)
-We filed a motion to the BIA, and joint motion (denied)
-Sending a second motion to BIA tomorrow

On friday his wife recieved a letter from the congressional unit of homeland security saying that he had been granted voluntary yet again. His wife had spoken to a few congressmen. Does this mean he can leave voluntarily with no 10 year bar, then hopefully return?

[kitkat1]

Voluntary departure means he does not need a 212 waiver for official deportation. But it doesn't mean he won't need a waiver for illegal presence - if was illegally present for more than 180 days, a 601 waiver would still be necessary.

[powerofnow]

URGENT QUESTION***

The voluntary departure grant date is over 2 months old. Yet we recieved this letter 2 days ago and he is still detained, set to be deported this week. How is this possible? Why did it take 2 months for his wife to recieve this?? This is ridiculous. There is no record of a new voluntary grant under his name, but we have a letter from homeland security. What steps should his wife take?

[india1]

Correct me if my thinking is wrong but he would not be under current law right? The laws have had a big change I think was it 1997? I thought if you could prove you were here that you could adjust? Been here since 1993 I would think there would be some sort of relief for him. If its only a overstay. I'm no lawyer but I remember our attorney asking the 1997 question. Its significant I think someone more law like care to jump in?

[india1]

Forgot to add I would definitely have his wife ask a qualified attorney and be sure to tell them that he has been here since 1993. They would definitely be able to help him. Another FYI usually if the govt grants voluntary departure and the person does not leave they usually do not grant it again. So thinking it has to do with that the law was different when he got granted the first time.

[emt103c]

The fact that he DID NOT depart when he took voluntary departure is a big deal. He was offered a do-over and did not take it.

They probably will not let it happen again, so the letter she just received is the more realistic of the two.

Everything takes so long, and an appeal was lodged, that would probably explain the 2 months it took to receive the letter. I am not sure, but I don't think the 1997 thing will apply since he was granted voluntary departure more than seven years ago.

I would check with a second attorney, maybe ask Laurel on the chat, or even use one of the attorneys recommended on the recommendation thread. A consultation can't hurt.

[Melissa_31375]

How does one know if there is a deporation order on them? I hear sometimes people dont know there is 1 out on them and they try to fix their situation and instead get arrested. Can you check somewhere in public info?