How to Make Your Prosecutorial Discretion Case Stronger

How to Make Your Prosecutorial Discretion Case Stronger

The federal government has the option of exercising “prosecutorial discretion” with respect to deportable individuals where the Immigration and Customs Enforcement considers their removal to be a low priority. Those individuals who may be eligible for the prosecutorial discretion program are typically those whose only basis for removal is having entered the U.S. without inspection or those who have overstayed a visa. The Department of Homeland Security specifically prioritizes the removal of individuals who are a threat to national security, public safety, and border security. There are a range of different factors that can affect which cases are subject to prosecutorial discretion, including societal changes, resource constraints, and differing interpretations of laws, all of which are factors that you cannot control. However, there are some factors that you have more control over. Some of these factors include the following:
  • The pursuit of education in the United States
  • The circumstances of the person’s arrival
  • The length of the person’s residence in the United States
  • The person’s contributions and ties to the community
  • Whether any of the person’s relatives have served in the American armed forces
  • Whether the person has a U.S. citizen or permanent resident spouse, child, or parent
  • The person’s age
  • The person’s ties to his or her home country
  • Whether the person is likely to be granted some sort of temporary or permanent relief from removal
Therefore, while you cannot necessarily change the circumstances of your arrival in the U.S., your age, or how long you have been in the U.S., you can take steps while in the U.S. to make a stronger case for prosecutorial discretion. For instance, you can pursue educational opportunities, become involved in your community, and contribute to society in general; these are all factors that could positively influence your case for prosecutorial discretion. Whether you potentially are eligible for a grant of prosecutorial discretion or there is another mechanism to remain permanently in the U.S. with your family, we devote all of our efforts to advocating on behalf of you and your family in order to build the strongest deportation defense case that is available to you. We are dedicated to helping you and your family remain in the American home that you have built over the years. Don’t delay in contacting the Bay Area immigration lawyers of Landerholm Immigration, A.P.C., and set up your free evaluation today with one of our skilled and knowledgeable staff members. Para Espanol haz click aqui!
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