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Prosecutorial discretion program and deportation

People in South Carolina who are facing deportation may be interested in learning about the prosecutorial discretion program. Under the immigration law, the government has the ability to allow people to remain in the U.S. who would otherwise be people who could be deported.

Prosecutorial discretion is reserved for immigrants who are deemed to be low-risk. Normally, people who have committed criminal offenses and those who have returned despite prior deportation orders are not eligible. Prosecutorial discretion is granted in most cases to people who the Immigration and Customs Enforcement consider to be of low priority. Commonly, it is given to people who entered the U.S. without first going through immigration or who stayed beyond the time allowed on their visas.

A person who is granted prosecutorial discretion and allowed to remain in the country may then be able to seek authorization to work. People may apply for employment authorization by filing Form I-765 with U.S. Citizenship and Immigration Services. Along with this form, a $380 fee is required. If employment authorization is granted, they will then be able to not only remain in the country, but they will also be allowed to legally work.

People who want to learn more about prosecutorial discretion and the ability to get an employment visa may benefit by meeting with an immigration and naturalization law attorney to see if they can qualify. If so, legal counsel can assist such clients in applying for an employment visa so they can both stay and support themselves while living in the country. The attorney can help to ensure that their applications are completed correctly and that they submit all required documents.

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