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?
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.
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.
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