What is prosecutorial desecration in Removal proceedings?

Asked about 2 years ago - Dallas, TX

i have been hearing about this. what is it? and how can it apply to someone who is not a dreamer & has a USC spouce?

Attorney answers (5)

  1. Shelley Marie Hennessee

    Contributor Level 7

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    Answered . Prosecutorial discretion is where DHS chooses to do or not do something in your case because of your special circumstances. For instance, if you have resided in the U.S. for many years, have not committed any crimes, and say, for example, your wife has special medical needs, DHS may agree to administratively close your case before the immigration court. You should speak with an attorney to determine what relief you might have from deportation.

  2. Neil Ian Fleischer

    Contributor Level 20

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    Answered . Best hope is to find an attorney to help you
    The government has lawyers trying to remove you, you need someone to advocate for you

    Neil I Fleischer (513) 977-4209 www.immigrate2usa.com Note: Neil Fleischer is an attorney licensed in the State... more
  3. Nicklaus James Misiti

    Contributor Level 19

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    Answered . It is when the prosecutor at their discretion administratively closes or offers deferred removal. The best way to apply for it is to hire an attorney, who is familiar with immigration court and such applications.
    Regards,
    Nick Misiti
    Misiti Global
    212 537 4407

    Legal disclaimer: The statement above is general in nature, as not all the facts are known. You should retain an... more
  4. William Michael Sharma-Crawford

    Contributor Level 7

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    Answered . Prosecutorial Discretion is the implementation of the June 2011 memorandum by John Morton the ICE director. Government Attorneys are empowered to administratively close cases based on this criteria. Having citizen relatives (spouse, children) is one of the favorable criteria. Unfortunately this discretion is being sparsely used. You should not rely on this for your relief. please contact a competent immigration attorney for an in-depth consultation.

  5. Deborah Lynne Karapetian

    Contributor Level 18

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    Lawyer agrees

    Answered . Where you have a USC or lpr relative and get to stay in the US at the DHS's discretion.

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