Immigration is a complex machine. There are many legal specifications to help you, depending on your situation. At Voloshen Law, Immigration Lawyers in Bucks County, PA, we understand how daunting the whole process can seem, and we are here to help.
What Exactly is Prosecutorial Discretion?
Basically, prosecutorial discretion allows government immigration agencies to decide how to use their funding for law enforcement. How does that affect you? ICE attorneys chose non-pursuit of certain enforcements. These include detentions, arrests, and deportations. So, an ICE officer may not detail you depending on your circumstances. Upon that decision, they may also cancel any pending Notice to Appear.
Will I Qualify?
There are several determining factors used to qualify for prosecutorial discretion.
The Good:
Favorable Factors ICE may Consider in your prosecutorial discretion case include, how long you have been in the United States, if you ever served in the US military, and how/why you came into the country. Your work history and education in the US can be a boost, as is eligibility for asylum or adjustment of status.
Being an active part of your community figures positively into your qualifications. Also, if you are caring for a family relative, it’s considered a humanitarian determinant. If several of these factors are favorable, the immigration court can begin closing your pending removal case.
Even if you’ve kept detailed records, having a trained lawyer like our professionals at Voloshen law, a full-service immigration agency, standing by your side, and providing an accounting is a boon. Everyone gets nervous in court, and you don’t want to miss something important.
The Bad
There may be some things going against you when trying to qualify for prosecutorial discretion. Being a threat to national security or public safety is a huge red flag. Most people aren’t in this category, however.
Other items in the negative column include criminal convictions, human rights violations, and previous unauthorized entries or deportations. Convictions don’t automatically disqualify you, especially if you obeyed public service requirements or any rehabilitation. If the crime was years ago and not serious, ICE may still choose to approve prosecutorial discretion based on years served.
So, don’t automatically discount your ability to be approved for prosecutorial discretion. ICE considers enforcement priorities. Being arrested as part of a gang is far different than shoplifting, for example. Gang-related activity is much higher on the list of enforcement priorities.
Getting Assistance: Immigration Lawyers in Bucks County
Voloshen Law in Huntingdon Valley, PA, focuses heavily on immigration and deportation law. We are the top Immigration Lawyer In Bucks County PA. At Voloshen we’ve seen from experience that it takes people who go it alone far more time from start to finish. They may fill out a form wrong, or forget a piece of vital documentation. A good lawyer removes all those knotty spots.
If you’d like to discuss your situation with us you can reach out in one of two ways: Use our online contact form or call our office at 215-437-7854.