Voluntary departure.

what are the Way to get case to be open, after voluntary departure while Bia Appeal was denied .
I have USC Kids and I-130 approved.
Can I be able to get Cencellation of removal if I qualify and meet the requirement of 10+ year physical presence?
What Should I do.. Any help will be appriciated.

what are the Way to get case to be open, after voluntary departure while Bia Appeal was denied .
I have USC Kids and I-130 approved.
Can I be able to get Cencellation of removal if I qualify and meet the requirement of 10+ year physical presence?
What Should I do.. Any help will be appriciated.

find a qualified immigration attorney in your city right away. you cannot get cancellation of removal, because you have to acquire 10 years in the US BEFORE INS starts deporttion/removal proceedings against you. Your case was already at the BIA, so you would not have qualified for COR -- if you did qualify in immigration court, you would have applied for COR before the judge.

you may be able to get a motion to reopen before BIA if less than 90 days since they denied your case, but if you have overstayed voluntary departure, this will be difficult if not impossible, and will require cooperation from INS attorneys.

don't go to a non-attorney "immigration consultant" because they can't help you!!!

once you've been granted "voluntary departure", there is no case to be re-opened or otherwise. You need to leave the country (or proof that you did) and not come back unlawfully before the statuary limit is up (depending on your case 3/5/10/or 20 yrs.). You may enter the country only with the explicit permission of the attorney general in the form of a waiver during the statuary period.

Any other options (such as overstaying, unlawfull presence or unlawfull reentry etc.), pretty much close your avenues!