What should I do after getting a notice to appear? 4 Answers as of May 04, 2011

I am/was a green card holder who has two misdemeanors on his record: drug paraphernalia, and possession of couple grams of marijuana. I used to travel a lot, crossing the border almost on a daily basis, until the bad thing happened. One of the border patrol officers upon my reentry questioned me about my criminal history, and sadly I said to much. I confessed on trying various drugs through my life, and to be the worst, I signed it all. I ended up in a county jail waiting to see the Immigration Judge. However after 9 days DHS people came to pick me up from jail and they released me. They said I have great chances of staying in this country, but 2 things I should not do: should not go to them unless they call me, and should not try cross the border. I got the Notice to Appear, but it's been almost a year and DHS haven't filed the Notice to Appear with the Immigration Court yet. I really like traveling and don't know what to do. My convictions were 3 years ago, so wondering if after 2 more years Ill be eligible to apply for citizenship. Will they know this happened to me if the case was never filed? Can I ask for my green card back, or that will just start removal/deportation proceedings. Can I file I-407, and then latter my mother (us citizen) file I-130 for me. I really cannot spend the rest of my life in this statelessness situation. Can I leave the country and come back illegally after 10 years, maybe things change? What should I do?

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World Esquire Law Firm
World Esquire Law Firm | Aime Katambwe
File Form G-639 to get your Immigration file or contact an Attorney and ask them to get you your file so you can see what is in it. You can try and call this number 1-800-898-7180 and follow the instructions to see if you have not been removed without your knowledge. You will need your green card number or A-number to access that information. I don't know the particulars of your case very well to be able to offer a more elaborate opinion on it. Talk with competent counsel about your options. Ultimately, if you can no longer stand remaining in the "statelessness" as you put it and if you are under the age of 21, then your mother can file a petition for you. USCIS will have no choice but to deny your application on the grounds that you are ineligible to apply for LPR status since you are already a LPR. With that, you will have a clear passage to file for citizenship. I would not file an I-407 since it will mean an official abandonment of the LPR status and you will have to leave the US. But since your case presents many complexities, please consult competent counsel and identify some strategies to getting you your LPR back. There may be issues with the NTA if it has not been transferred to the Immigration Judge's office in all this time. Time to lawyer-up. Good luck!
Answer Applies to: California
Replied: 5/4/2011
Feldman Feldman & Associates, PC
Feldman Feldman & Associates, PC | Lynne Feldman
You need to get your case assessed by an immigration lawyer. You will need copies of your criminal convictions along with the underlying reports. We would also need a copy of the statement you signed at the border. This can be obtained through a Freedom of Information Act request. If after getting this information together it is determined that your convictions and admitted drug use do not amount a deportable offense or you would be eligible for cancellation of removal, then your attorney can argue for the matter to be dismissed or brought to the Judge for a hearing.

If not served on the Court, the NTA is not in effect but I understand you do not want your life to continue on hold either. Get together what you can and then schedule a consultation to help you file a Freedom of Information Act request. We do charge for consultations but this amount would be credited toward the fees for your case if we are retained.
Answer Applies to: California
Replied: 5/4/2011
Nicastro Piscopo, APLC
Nicastro Piscopo, APLC | Louis M. Piscopo
You need to make an appointment and speak to an immigration attorney regarding your situation. You are facing deportation from the U.S., and if deported it is unlikely that you will ever be allowed to come back to the U.S.
Answer Applies to: California
Replied: 5/3/2011
Devore Law Group, P.A.
Devore Law Group, P.A. | Jeffrey A. Devore
Based upon your criminal history you should not leave the country as you are inadmissible for controlled substance violations. This is why you were detained in the first place. Consider yourself lucky that you were released at all. Technically you are subject to mandatory detention. Filing an I-407 and abandoning your status is not going to help you in this situation. Likewise, if you were to travel outside the country you are subject to again being taken into custody and there is no guarantee that you will be released this time. The specific facts of your case will determine how you should proceed. You need to consult with an experienced immigration attorney who can review your case and get the ball moving for you.
Answer Applies to: Florida
Replied: 5/2/2011
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