So, what happens when the immigration judge tells you that you may not be eligible to file an application before the court to remain in the U.S. and you’re facing imminent removal, or an attorney informs you that you can file an application but you don’t have a very strong case? There was a time when that often amounted to hoping for as much time in the U.S. as possible. Now that we have the option of requesting Prosecutorial Discretion (PD) from the government attorneys for the U.S. Department of Homeland Security, it has opened a new avenue of relief for our clients. If the request is granted it basically means that you will be permitted to remain in the U.S. for an indefinite period of time. To be clear – it is NOT the same as a green card, and there is NO guarantee that the government will approve the request. So, make sure you are working with an experienced immigration attorney who can guide you through the requirements of this process. Prosecutorial discretion should rarely be automatic in lieu of seeking other relief that may be available, but it can be a very good option for those cases that will be difficult to win in court, especially in Atlanta.
Here are the benefits of Prosecutorial Discretion: