If you or someone you know is facing deportation, you may consider requesting Request Prosecutorial Discretion. If successful, Immigrations and Customs Enforcement (ICE) will administratively close the case. Ice will analyze the factors in your background, positive and negative, to decide if it is a priority for the government to continue with your case.
Konare Law represents individuals who are in the process of being deported. Prosecutorial discretion is a written request to the office of chief counsel and the immigration judge to get you out of proceedings. To ask for prosecutorial discretion, you will need to show proof that you are eligible and deserve to be out of removal proceedings. You must show that you are not a DHS priority to be removed and provide strong written evidence of other reasons why you should no longer be in proceedings. You must consider and support with evidence the following factors that relate to you:
- How long have you stayed in the United States;
- How you came to the United States and why;
- Provide proof if you receive an U.S. education, such as GED, High School Diploma, Degree, or higher:
- Provide your immigration history;
- Provide proof of your ties to family, community and other members in the U.S;
- Provide proof of your ties to your home country, if any;
- Provide proof of your current age;
- Provide proof if you have U.S. citizens as children and/or spouse;
- Provide proof if you are the primary caretaker;
- Provide proof if you or your spouse is pregnant and/or nursing;
- Provide proof if you are eligible for different types of relief; and
- You were or have been cooperating with federal, state, and local law enforcement authorities.
All these factors can be intimidating, however, you do not need to do it alone. We can help. Prosecutorial discretion does not provide you immigration relief, such as a green card, or work permit, however, it prevents you from being deported, and allows you to be out of the proceedings process. Your case will be shelved for future use. This also means, if you become eligible for other forms of immigration relief, or you get married to a United States citizen, you can reopen your case. However, if you commit a crime, DHS can reopen your case and put you back in proceedings.