Prosecutorial Discretion from the perspective of an immigration lawyer in NJ.

The Department of Homeland Security announced in 2011 that they would identify all low priority removal cases pending in immigration court and administratively close meritorious cases.  This action is otherwise known as prosecutorial discretion (PD).  While DHS has emphasized that there will be no automatic exercise of prosecutorial discretion for any group of cases, they did announce certain factors that may make an individual a good candidate for the exercise of prosecutorial discretion.  In essence, when requesting PD you are asking DHS to terminate the proceedings against you.  The DHS guidelines are complex, so if you are in deportation proceedings in New Jersey, it is highly advisable to consult with an Immigration Lawyer in NJ.

The following factors are among those considered by DHS in evaluating whether an individual should be granted PD:

·         An individual’s length of time in the United States;

·         The age of the individual when he or she entered the country;

·         Whether a person entered into the US with or without inspection;

·         Whether an individual was educated in the United States;

·         An individual’s criminal and immigration history;

·         Whether a person is a threat to national security;

·         The individual’s ties to the community

·         The individual’s ties to his country of origin and the conditions in that country;

·         The age of the individual;

·         Whether the person has a spouse, child or parent who is a US citizen orGreen Card holder;

·         Whether the person has responsibility over someone with a disability;

·         Whether the individual has other relief in the removal proceeding.

What Happens If PD Is Granted? 

If prosecutorial discretion is granted this generally means that the removal case is administratively closed; however, this case can be reopened at any time.  In a small number of cases, a removal case can be completely dismissed.  If you are in a removal proceeding and you do not qualify for any relief, this option can be effective but it will not confer any status upon you.  Aneffective deportation lawyer in NJ can explain the pros and cons of such an action.