J. Molina Law Firm PLLC

How To Apply For Prosecutorial Discretion

Let’s remember that Prosecutorial Discretion is when the government lawyers decide whether to do something about a person in removal/deportation proceedings. Recently the Department of Homeland Security (DHS) issued a memo that allows and instructs attorneys on how to apply Prosecutorial Discretion for some specific cases.

So now you may be wondering, what is the process to apply for Prosecutorial Discretion?

• First, you need to determine if you and your case are considered a threat to the country’s safety, a threat to public safety, or a threat to the security of the border, since this is what the government lawyers prioritize and are not qualified for Prosecutorial Discretion. Then, you can proceed by sending a statement that you’re not an enforcement priority, and that you won’t object if your case is dismissed.

• Take into consideration all the positive and negative aspects of your case. Positive facts work as reasons why it is necessary for you to avoid immigration repercussions. The type or context of the grounds for removal, any other substantial immigration infractions, the existence of a criminal record, or any other proof of bad moral character are all examples of negative facts. Without first talking to an immigration lawyer, these can be figured out from any past convictions or pleas of guilty.

• The government lawyers will have to run a background check on you, including biometrics or fingerprints previously submitted. If there is none, you will need to submit it before the decision is made. The government lawyers will look at each case on their own to decide whether to apply Prosecutorial Discretion.

And the best part of this process? It’s free! To receive and process Prosecutorial Discretion, the government lawyers do not need any application fee. To apply for this process there is no charge for a filing fee.

If you are unsure whether your case falls under the categories for an enforcement priority, we recommend you have a consultation with an expert immigration attorney to help you.  At the J. Molina Law Firm, we offer confidential consultations with an expert immigration and deportation defense attorney. Call us today at 469-708-5800 or book your appointment online. We will do everything possible to protect your American Dream!