Undergoing administrative deportation is not necessarily the end of the line. Aside from seeking asylum or pursuing other ways to remain in the U.S., foreign nationals of good moral standing may also appeal for prosecutorial discretion.
In cases where a foreign national has lived in the U.S. for a significant amount of time and developed significant contacts here, while demonstrating good moral character, the Department of Homeland Security (DHS) has the authority to not pursue removal proceedings or deportation. Though not strictly a pathway to immigration, the foreign national still may be eligible to get authorization to work and receive a driver's license.
The Factors Of Prosecutorial Discretion
DHS reviews cases on an individual basis before making the decision to exercise prosecutorial discretion. However, certain factors hold more weight than others when it comes to closing the administrative deportation file. Specifically, DHS evaluates the following:
- Extenuating circumstances in regards to the immigration offense
- The length of time since the offense
- Duration of stay in the United States
- Any history of military service
- The extent of family or community ties in the U.S.
- Factors that relate to the U Visa
- Compelling humanitarian factors such as medical status, age, pregnancy, a young child, or an ill relative
This list, however, is not exhaustive. The DHS reviews each case in totality when making the decision. In these cases, the aid of a knowledgeable attorney who can present your case in the best possible light can be an invaluable resource.
Prosecutorial Discretion And Obtaining A Driver's License
If a case has been deemed "administratively closed" or has undergone prosecutorial discretion, the foreign national may be eligible to receive a driver's license. While the foreign national would still be considered out of status in the U.S. (or an "undocumented immigrant"), he or she would be able to live and work in the United States.
Contact A Skilled Immigration Lawyer
If you or a loved one is currently in the U.S. and facing removal proceedings, seeking prosecutorial discretion may be a viable option. Call our Naples, Florida, office to schedule a consultation. Call 239-449-6202 or complete our online contact form.