Need Immigration Help For Deportation? Contact Us Today!

As an undocumented immigrant, you are often faced with a conflict of either speaking up or solely acting with an abundance of caution. Although many feel safer knowing President Biden’s provisions are underway that does not eliminate the possibility of forced removal. At the start of his presidency, Biden proposed immigration bills to grant more than 11 million undocumented immigrants in the country legal status and a path to permanent residency. It would allow those living in the U.S., a chance to obtain fast-tracked legal status. Since then, he is bringing his plan to fruition over the course of a few months.

While we understand your concerns regarding prosecutorial discretion, you should refrain from taking matters into your own hands. We strongly advise you to seek legal immigration help in LA instead of contacting Immigration and Customs Enforcement (ICE) directly if you have questions. Depending on your circumstances, you risk getting denied and instantly removed from the U.S. In this article, we explain what prosecutorial discretion is, how it can impact you, and your chances of getting one.

What Is Prosecutorial Discretion (PD)?

Prosecutorial discretion (PD) is the authority that ICE has to decide your outcome in an immigration case. The extent of their power over your immigration status is significant. For example, ICE can exercise its power to sway an immigration judge to instantly close your case. Similarly, if you are granted an extension, they can request an immigration judge to reopen your case for reconsideration. An attorney for prosecutorial discretion assistance can provide you with legal guidance if you need to stall deportation.

Normally, undocumented persons request prosecutorial discretion, in an attempt for ICE to buy them time until other forms of relief are available to them. Keep in mind that this is not an instant process. ICE decides on a “case-by-case” basis, and you may not hear from them immediately without the assistance of a deportation lawyer in Los Angeles. This is an urgent, time sensitive process, but a few things that may impact your chances are:

• Executive orders that impact accessibility
• The immigration/asylum program you are associated with (ex. Deferred Action for Childhood Arrivals (DACA)).

The Political Influence on PD

When the President implements and enforces executive actions, it can affect what ICE and similar immigration government agencies can do. This means that the ability ICE has to extend your time in America may not always be up to the agency. The ways they have been using their power over the years have been unfavorable, as immigrants have been detained in large numbers awaiting what to do about removal proceedings and removal orders. The removal proceedings lawyer you retain in LA should understand the enforcement process and how to advocate ICE to act in a way that benefits your immigration circumstances. The main priority for ICE is:

• Protecting national security
• Enforcing border security
• Ensuring public safety

In 2014, Former President Obama requested ICE and similar agencies to provide prosecutorial discretion to qualified immigrants that faced deportation. Though, Trump modified and rescinded memos about deportation policies before issuing “Presidential Executive Order: Enhancing Public Safety in the Interior of the United States.” When initiated, this law intended to prioritize the deportation of immigrants who had been:

• Convicted
• Charged
• Committed any criminal offense, (minor to severe)
• Abused public benefits programs
• Pose a risk to public safety

If you have been accused of the circumstances previously mentioned, your case may not be compelling enough to receive prosecutorial discretion, until Biden fully amends the memo enforced under Trump’s administration. In the meantime, work with your attorney for deportation in LA to adequately prepare while building a case to appeal removal.

Advantage and Disadvantage(s) of Prosecutorial Discretion

Any non-citizen can apply, but you must be able to persuade an immigration lawyer to grant your stay. The ultimate advantage of prosecutorial discretion is being able to avoid deportation and your immigration court temporarily closing your case while you figure out what to do next.

However, if you are receiving additional assistance or support from the government, like work authorization, you can expect them to end. Being granted prosecutorial discretion is a great help, but from the time you are granted an extension, you have to independently apply for requested immigration benefits moving forward. For instance, if you applied for asylum before an Immigration Judge, prosecutorial discretion could suspend your work authorization based (depending on the status of your application).

A Los Angeles attorney for deportation defense will encourage you to think extensively about making this decision. Facing deportation can be a complicated, and complex process to figure out. Depending on your situation, it may be better to directly fight against removal or file an appeal through immigration court. Your legal counsel will keep you informed on whether you have a winning case, to help you stay in the U.S. as long as possible, and eventually become a naturalized citizen.

How to Request PD

Each ICE office has a specific procedure that you must follow to make a request. Your attorney will direct you on where to find them, and how those procedures will impact you if you’re still in removal proceedings. Whether you have a lawyer on your side, you should prepare a statement that conveys why you deserve and need to stay in the U.S. If you have no criminal record, you may want to relay that to the judge (with evidence), to increase your chances. If you were previously denied PD, you may be able to request it again. Work with your lawyer to determine if you accidentally omitted important information. 

About Grey Law Immigration

When in doubt, turn to us at Grey Law Immigration if you or a loved one need prosecutorial discretion to prevent a sudden removal or deportation. Integrity, honesty, commitment, and results are at the foundation of our firm. 

David Grey provides experienced representation to safeguard your rights through the immigration process. Whether it is advice, assistance with visa applications, or resolving an issue that is stalling your citizenship, we are here to help. At Grey Law, we strive to help clients through complex processes for positive results. Our Los Angeles immigration lawyers are well-versed in more than several practice areas:

• Family-Based Immigration
• Employment-Based Immigration
• Naturalization and Citizenship
• Permanent Residency and Green Card
• Deportation and Removal
• Immigrational Appeals
• Non-Immigrant Visas
• Criminal Victim Visa 

In the past year, COVID-19 has drastically impacted citizenship in the U.S. We have been able to adjust and act accordingly based on new restrictions and regulations. Our firm optimizes individual skills to produce superior results for all clients. For a free case review, give us a call at 323-622-1764 or email info@greylaw.com.