U.S. Law Center

What to know about prosecutorial discretion

Living in the U.S. as an undocumented immigrant may be a harrowing experience for you due to the constant threat of deportation. At US Law Center, we are aware of the many hurdles that you might be facing by trying to avoid deportation and we would like to inform you of the ways you can protect yourself.

One option that you may not be aware of is prosecutorial discretion. While this option is not one that can gain you U.S. citizenship, a visa or a green card, it is something that can give you an out if you are being threatened with deportation. Department of Homeland Security lawyers have the option of using prosecutorial discretion in order to close immigration cases on an administrative basis, meaning you would not have to worry about being deported. Even if you already have a deportation order, it may be removed.

In order to be viable for consideration when it comes to prosecutorial discretion, there are a few criteria points that you must meet. This includes having a good moral character, a good job, and "sufficient ties" to the U.S. These ties can include family, spouses or children living in the country. Your moral character and job will be reviewed by DHS lawyers, so the best way to deal with your case is to make sure that they will be able to see you as an immigrant of good character and high societal contribution.

If you still wish for more information on how to protect yourself from the threat of deportation, you can follow the link to our web page on prosecutorial discretion. You may be able to find additional facts or other information that may help you.

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