Niles Lang

If one has been present in the United States for a long time and has a case before the EOIR/Immigration Court, it is probable that s/he qualifies for Prosecutorial Discretion. This benefit, if granted results in the closing of one’s deportation matter.

 

Thus, if one is turned over to Immigration for driving without a driver’s license or some other equally minor offense or violation AND if one has several or all of the following equities, his/her case may be closed:

 

Some of the factors are:

 

1) Duration of time in the country;

2) If one has children in school;

3) Should one have children who are covered under DACA;

4) If one is married to a US citizen;

5) Should one have a serious physical/psychological condition whose treatment is is available only in the US;

6) If one has been paying his/her income taxes;

7) Should one have close community ties;

8) If one has a clean criminal record;

9) Should one be married to a Green Card Holder who is about to become a US citizen.

 

Of course, this list is not exhaustive. For further information consult your attorney.