Prosecutorial Discretion

If you or a family member is facing a removal proceeding, recent changes in immigration policy may help you. This area of the law is rapidly changing and an experienced attorney can help you determine if prosecutorial discretion is an option for those who are facing removal or deportation from the U.S.

In rapidly changing areas of immigration, as well as more traditional situations, Boulder attorney Lisa E. Battan, can provide you with the personal attention and service your case requires. With more than 15 years of legal experience, Ms. Battan provides clients with timely and cost-effective legal representation in all types of immigration matters.

Helping You Understand the Rapidly Changing Areas of Prosecutorial Discretion and Deferred Action

In 2011, President Obama signaled a change in U.S. immigration policy. This new policy on prosecutorial discretion may allow some immigrants currently facing deportation to have their cases temporarily closed so that they may remain in the country for a period of time.

The policy changes outline factors that immigration officials should consider when deciding whether to deport a person. The factors that officials should consider include:

  • The person's length of time in the United States
  • The circumstances of the person's arrival in the United States, particularly if the person came to the United States as a young child
  • The person's pursuit of education in the United States, with particular consideration given to those who have graduated from a U.S. high school or have successfully pursued or are pursuing a college or advanced degrees
  • Whether the person, or the person's immediate relative, has served in the U.S. military
  • The person's criminal history
  • The person's ties and contributions to the community
  • The person's age, with particular consideration given to minors and the elderly
  • Whether the person has a U.S. citizen or permanent resident spouse, child, or parent
  • Whether the person is the primary caretaker of a person with a mental or physical disability, minor, or seriously ill relative
  • Whether the person or the person's spouse is pregnant or nursing

If you or a family member is in removal proceedings and you have substantial factors in your favor, you may qualify to ask immigration officials to administratively close your removal case. While this does not give you any legal status in the U.S., it may allow you to remain in the U.S. for a period of time.

Contact Longmont Deportation Proceeding Lawyer

Please remember that the above information is general and is not complete. It is intended to provide an overview of the potential issues. If you are considering asking for prosecutorial discretion, you should contact Colorado immigration attorney Lisa E. Battan or call the law firm at 1-866-614-8668 to schedule a consultation. Through a personal consultation, we can identify the process which best suits your needs.