If you are an immigrant in the U.S. facing deportation, you can obtain relief from it by applying for prosecutorial discretion. Prosecutorial discretion in Miami refers to the ability of the U.S. Immigration and Customs Enforcement (ICE) to influence a deportation case. ICE is able to exercise its prosecutorial discretion in various ways. For instance, ICE could go along with a person to require an immigration judge to close his or her case. ICE could also request an immigration judge to open again a certain case so that the person in question could apply for relief of removal from the U.S. An immigration attorney in Miami can provide further information in this regard.
Our US immigration lawyers also specialize in offering assistance if you want to obtain a residence permit in USA.
Low-priority and high-priority cases for prosecutorial discretion in Miami
Prosecutorial discretion in Miami is appealed to in order to close deportation or removal cases that ICE considers to be of low priority. In determining whether a case is of low priority, several factors are taken into account. They can consist of the following aspects:
• The individual’s duration of stay in the U.S.;
• Family connections with the country;
• Immediate relatives who are U.S. permanent residents or citizens;
• Age when the person entered the U.S.;
• The individual’s pursuit of education in the country;
• Servicing the U.S. Armed Forces;
• No criminal history;
• The immigration background;
• Presents no threats to national security or public safety;
• Conditions of the person’s country of origin; and
• Possibility of being issued temporary or permanent residence status in the future.
A Miami immigration lawyer can provide more details on this matter and on how to obtain USA citizenship.
How to organize a request for prosecutorial discretion in Miami
If you think that your immigration case in Miami can be offered prosecutorial discretion, you will have to arrange a written request to the local ICE office and the local Office of Chief Counsel.
To file this application, there is no official form to fill in. Instead, you will have to write a letter that shows in the first sentence that it is a request for prosecutorial discretion in Miami. Then, put down a simple and convincing explanation of why the ICE should close your case. To achieve this, the factors which can be applied to you can be used as headings for each section. There should also be a paragraph that describes why you believe you are a good candidate. A characteristic letter has three to four pages.
You can also count on our lawyers for guidance in obtaining USA citizenship.
The request for prosecutorial discretion in Miami could necessitate broad knowledge about the U.S. legislation. Therefore, it is necessary to have the guidance of experienced immigration lawyers in the United States. Please contact us if you need assistance with your immigration case or for applying for a residence permit in USA.