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, public safety, or 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 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 you must 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 further proof of bad moral character are all examples of adverse 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 making a decision. The government lawyers will examine each case independently to decide whether to apply Prosecutorial Discretion.
And the best part of this process? It’s free! Government lawyers do not charge an application fee to receive and process Prosecutorial Discretion. To apply for this process, there is no charge for a filing fee.
If you are unsure whether your case falls under the enforcement priority categories, we recommend you consult 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 at (469) 708-5800 or book your appointment online. We will do everything possible to protect your American Dream!
