If your case is considered low priority, then the Department of Homeland Security (DHS) may exercise discretion. This means they may permit you to stay in the U.S, or at least stop trying to remove you.
Some cases are considered low priority.
One example of prosecutorial discretion is administrative closure. If you are not a high priority and you are in removal proceedings, DHS Attorneys may decide to administratively close your case. Administrative closure is a form of prosecutorial discretion. If your case is administratively closed, then it is taken off the court calendar. In other words, removal proceedings are suspended until you or DHS Attorneys request that your case be reopened.
What does DHS consider when deciding whether or not to grant administrative closure?
They consider many factors and the following list is not exhaustive: 1) your length of stay in U.S., 2) your education in the U.S., 3) your or your family's military service, 4) your criminal history, 5) your immigration history... for example, have you been removed before, 6) your family members' status... for example, is your wife a U.S. Citizen, do you have U.S. Citizen children, 7) whether or not you are the care-taker for a U.S. Citizen with serious illness, mental or physical disability
We are ready to help you. Call us and ask us to help you with prosecutorial discretion. We can present your case in the best light possible to the Department of Homeland Security. You deserve to stay in the United States. To schedule an initial consultation, please call our Tacoma Office at (253) 383-4200 or email us.