Deferred Action-Prosecutorial Discretion

Deferred Action-Prosecutorial Discretion

Deferred Action and Prosecutorial Discretion are policies that allow certain non- citizens to remain in the U.S. temporarily, even if they are otherwise removable. These policies are typically granted in cases where removal is not considered to be in the public interest.

Eligibility Criteria

Eligibility is determined on a case-by-case basis, considering factors such as humanitarian concerns, family ties, and contributions to the community.

Benefits

While Deferred Action does not provide a path to permanent residency, it does protect against removal.

Process

The process typically involves submitting a request for Prosecutorial Discretion to Immigration and Customs Enforcement (ICE) or USCIS, along with supporting evidence.

FAQ Section

1. Who is eligible for Deferred Action or Prosecutorial Discretion?

Eligibility is case-specific, focusing on humanitarian concerns, family ties, and community contributions.

2. How long does it take to get Deferred Action or Prosecutorial Discretion?

The process can take several months, depending on the complexity of the case and the agency’s workload.

3. Can Deferred Action or Prosecutorial Discretion lead to a green card?

Deferred Action does not lead directly to a green card but can provide protection from removal.

4. Are there any risks associated with applying for Deferred Action or Prosecutorial Discretion?

The risks include potential denial and the need to seek other legal protections.