Whether you should ask for prosecutorial discretion in immigration court depends on your immigration case and circumstances. Immigration agents have the power of prosecutorial discretion, which lets them choose whether to proceed with deportation or not. If you are facing removal proceedings, this could be an option to look into, but there is no guarantee that it will be given.
So, the big question is: should I apply for prosecutorial discretion? Here are some considerations when deciding whether to apply for prosecutorial discretion:
Eligibility: Not everyone can get it. There are different requirements for eligibility, but in general, people with strong ties to the United States, like long-term ties, family relationships, and no criminal history, may be more likely to be considered for prosecutorial discretion.
Evaluation of Risk: Think about the risks that might come from not asking for prosecutorial discretion. If you are facing deportation, you could be sent back to your home country if you don’t get this type of relief. Compare the possible pros and cons of applying with the possible outcomes of not applying.
Timing: You should consider how long your case is going to take and if there are any deadlines for asking for prosecutorial discretion. Talk to a lawyer to make sure you meet all the dates that matter.
Alternatives: Look into other possible ways to get help or protect yourself from being deported that you may be able to use. An expert attorney can help you look at all of your choices.
Legal Advice: Talking to an experienced immigration lawyer is highly recommended to look over your case and let you know if you should ask for prosecutorial discretion. An attorney can help you gather the necessary documentation and present your case effectively. It is also suggested because immigration rules are always changing. It is important to know about any changes so that your prosecutorial discretion request works best.
Finally, if you want to ask for prosecutorial discretion, you should carefully think about your own situation and talk to an immigration lawyer who can give you advice based on the most up-to-date information and changes in the law.
Do you need some help with your prosecutorial discretion request? The J. Molina Law Firm is physically present in the Dallas-Forth Worth area and digitally worldwide. Book a consultation with our team of experts today!
