How to Request Prosecutorial Discretion in an Immigration Case
You can request prosecutorial discretion by asking the Department of Homeland Security (DHS) to exercise its discretion in your immigration case based on your individual circumstances. Approval isn’t guaranteed, and DHS evaluates each request based on its own facts. In some cases, DHS may decide to reduce or discontinue certain enforcement actions. However, prosecutorial discretion isn’t an immigration status or a direct path to lawful permanent residence.
If you’re facing immigration proceedings and considering filing a prosecutorial discretion request, our deportation defense lawyer at Robert M. Bell, P.A. can help you understand the process.
Step 1: Determine Whether Prosecutorial Discretion is an Option For You
The first step is deciding whether prosecutorial discretion may be available in your situation. The factors considered can vary depending on the DHS component handling the case and current enforcement guidance. Depending on the circumstances, relevant considerations may include family ties in the United States, length of residence, medical conditions, military service, caregiving responsibilities, community involvement, and criminal history.
Prosecutorial discretion is DHS’s authority to decide how to handle certain immigration enforcement cases. Depending on the case and current policy, DHS counsel may decide not to pursue certain enforcement actions, move for dismissal, join an appropriate motion, or exercise another available form of discretion.
Step 2: Gather Documents That Support Your Request
Your request should be supported by evidence. Depending on your circumstances, you may include medical records, proof of family relationships, employment records, school records, military records, letters of support, or other documents that help explain why favorable discretion is appropriate. Well-organized documentation gives DHS a clearer picture of your circumstances.
Step 3: Prepare a Written Request
Your written request should explain your immigration history, describe why you’re requesting prosecutorial discretion, and reference the documents supporting your request. It should be accurate, organized, and tailored to your individual situation rather than relying on general statements.
Take note that there’s generally no standard USCIS or ICE form for requesting prosecutorial discretion. Instead, you typically submit requests as a written package with supporting documentation to the appropriate DHS office.
Step 4: Submit Your Request Package to the Appropriate DHS Office
Where you submit the request depends on where your immigration case is pending. If you are already in removal proceedings, you often send requests to the appropriate ICE Office of the Principal Legal Advisor (OPLA) handling the case. Other cases may involve a different DHS office depending on the stage of the immigration process.
If you live in West Palm Beach, your immigration case may proceed before the Miami Immigration Court, depending on how your case has been assigned. Filing with the correct office helps avoid unnecessary delays.
Step 5: Respond Promptly if DHS Requests More Information
After reviewing your request, DHS may grant or deny prosecutorial discretion, request additional documentation, or decide not to take immediate action. Submitting a request doesn’t automatically stop removal proceedings while DHS considers it. If DHS requests additional information, responding promptly and providing complete documentation may help avoid further delays.
Do You Need a West Palm Beach Immigration Attorney?
Although you may submit a prosecutorial discretion request on your own, a lawyer can help you determine whether this strategy fits your case before you file anything. Our immigration lawyers in West Palm Beach can identify evidence that strengthens your request, prepare a clear and organized submission, communicate with DHS counsel when appropriate, and explain how a prosecutorial discretion request may affect your immigration case.
Legal guidance can be especially valuable if you have prior immigration violations, criminal charges, or other issues that require careful legal analysis.
A Strong Prosecutorial Discretion Request Begins With Strong Supporting Evidence
Every prosecutorial discretion request is evaluated on its own facts. A complete, organized request with relevant supporting documentation can help the agency evaluate the circumstances presented. If you’re seeking prosecutorial discretion, schedule your confidential case evaluation by contacting Robert M. Bell, P.A. online or at 954-241-4209. Our immigration attorneys in West Palm Beach can help prepare a complete, well-supported request and guide you through each stage of the process.