- 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
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:
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