lived here all my life and now in removal proceedings

[Saul123]

In July of 1994 I was 7 years old when my parents brought me to the US legally but we over stayed our permits.
I was raised in the US as an American and thats the only life I have ever known I don't really remember Mexico much.
In 2001 through my dad's work we applied for residentship and in 2003 we were given category C09 Employment Authorization Cards.
Like all teenagers I was being a dumbass trying drugs and in March of 2004 at the age of 17 I was charged with possesion of a controlled substance under one gram. I was given deffered adjudication (which im told is an admission of guilt) and received 3 years probation. I completed everything and have never been in trouble ever since.
In 2009 my parents and my brother were aproved and given their resident status while I got a letter stating that I had been denied for crimes against moral turpitude and that removal proceedings would begin. In the letter it also stated that there was no waiver for this. I haven't heard anything from them since and my EAC is about to expire along with my drivers license.
I wanted to know what are my chances of remaining in US and not having to go back to a country where I don't know anyone and havent been to in over 17 years. Also how long does the notice to appear letter take to come? what can I do?

 

[BigJoe5]

Saul,

Exactly what was the date that the original Labor Certification was filed with the Department of Labor on dad's behalf? This will be listed somewhere in the old paperwork that will be referred to as his Priority Date and was transferred over to his I-140 Petition for Alien Worker. Find out.

Stop groaning and don't post again about it until you know the date.

IF the date was on or before April 30, 2001, you will eventually be able to adjust status. It would serve to "grandfather" a new petition of any kind filed on your behalf. This possibility would be to file for adjustment as some point based on a new petition under INA 245(i). 245(i) includes paying a penalty of $1,000 in addition to other fees.

Has a parent filed an I-130 for you yet? Are you married to a USC or greencard holder? If yes, get her to file the I-130 instead, ASAP. Have you got exceptional job skills such that an employer would file on your behalf? Someone has to file something for you ASAP, do it immediately.

You aged out of the petition that was filed in connection with dad's job. You turned 21. It is too late now to assert a claim under CSPA. IF it was true error on the part of USCIS in denying your I-485, a Motion might have been successful if it had been filed within the time limit. A very remote possibility exists to get relief rorm an Immigration Judge on this issue. Further possibilities exist on other grounds for relief. You need professional consultation.
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Now, if you can prove eligibility under 245(i), you need to address the criminal issue.

A deferred adjudication of a juvenile will likely be forgiven under immigration law. This is a "controlled substance violation" NOT a CIMT. This is likely covered under the Federal First Offender Act (FFOA). Find out the exact statute that you were treated under, under the State law. Also, go see a lawyer and take that USCIS denial with you and take your court record and get a professional legal opinion. There are many organizations that help for free or cheap.

SEE: http://www.justice.gov/eoir/statspub/raroster.htm Find legal help.

In California for instance, it is under Penal Code 1000 PC -- California's deferred entry of judgment ("DEJ") program -- allows just such an alternative. It's a drug diversion that allows eligible defendants to be "diverted" out of the criminal court system and into a drug rehabilitation program.

This treatment is substantially the same as that which is afforded under 18 USC § 3607, the Federal First Offender Act (FFOA). The BIA has recognized that treatment under a State statue that is substantially the same as the FFOA shall be given effect in the same manner. The BIA’s test for FFOA eligibility was set forth in Matter of Manrique, 21 I. & N. Dec. 58 (B.I.A. 1995). http://www.justice.gov/eoir/vll/intdec/vol21/3250.pdf

Since you brought up "moral turpitude" you should also look at Matter of Devison, which is another BIA decision, but this one deals with Juvenile Delinquency Adjudications and is liberally applied by DHS and EOIR. http://www.justice.gov/eoir/vll/intdec/vol22/3435.pdf

WHEN (I did not say "if") you see a lawyer, print out the cases and and take them with you along with the other stuff mentioned above.

Good luck and get to work.