I got the Notice to Appear, however the ICE never filed it with the Immigration Court. What do I do?

[quetz]

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 ICE 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 ICE haven\'t filed it 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. What should I do? I think I qualify for Cancellation of Removal, because I\'ve been permanent resident for 12 years, and can prove the continuous residence of 7 years prior to convictions (3 years of high school, and 4 years of college). And I don\'t have any felonies. What do I do? I've already consulted with couple attorneys, but one of them is suggesting me not to do anything, others to try vacate my convictions. But what help will that do if i confessed on using drugs many times? Anybody has any suggestions? Thanks...

 

[BigJoe5]

Your mother is a USC. When did she become a USC? How old were you and what is the status with your father? Have you explored if you have derived USC? Did an attorney ask you any of these questions? [If not, get a new lawyer.] An I-407 is a BAD IDEA.

IF you are NOT a USC and ICE has advised you to "lay low", not cross the border, and don't contact them, that means that they have used prosecutorial discretion to not bother with trying to deport you unless you screw up again. In addition, ICE might be waiting for a decision in a case currently under review in the 9th Circuit Court of Appeals in a re-hearing en banc. (FULL court review that could wind up in the Supreme Court).

SEE: Nunez-Reyes v. Holder, 05-74350 at: http://www.ca9.uscourts.gov/datastore/uploads/enbanc/05-74350pfr.pdf

"....in Cardenas-Uriarte v. INS, 227 F.3d 1132 (9th Cir. 2000), this Court "applied this logic" to the crime of possession of drug paraphernalia and held that such a crime is a lesser offense than simple possession and therefore qualifies for FFOA treatment if expunged under state law." [This case is important for a situation like yours. The best things is if it drags on for years until after you naturalize.]


When you have a full clean 5 years, (provided you are NOT a derivative USC) you can file an N-400 and it will be approved.