A few weeks back, we talked about a new program being used by U.S. Immigration and Customs Enforcement that will allow the organization to review deportation cases and decide whether to proceed or suspend some of them. It is called prosecutorial discretion and it will be coming to Los Angeles, California this summer, from July 9 to July 20.
ICE says they have offered to suspend deportation cases against 16,500 people after reviewing about 70% of the total cases pending. The number of cases being shelved makes up 7.5% of the deportation cases under review.
As we mentioned before, some of the factors that go into a deportation case being suspended under prosecutorial discretion include length of time in the U.S, having a child born in the U.S., showing good moral character and lacking a criminal record.
But one thing that some do not consider is that after someone is cleared of a deportation case, they struggle to earn work visas. The director of advocacy for the American Immigration Lawyers Association says the number of work visa approvals is "a very low number."
So some take their case to immigration court, seeking asylum. According to the Executive Office for Immigration Review, in 2011 about 50% of the immigrants who went to court trying to earn asylum were successful.
Whether you are applying for a work visa, seeking asylum or your deportation case is up for review under prosecutorial discretion, it is vital to have a determined attorney with experience handling immigration and deportation cases in your corner.
Source: Washington Post, "APNewsBreak: Immigration officials offer to shelve 7.5 pct of deportation cases under review," April 24, 2012