Prosecutorial discretion can save immigrants from deportation, clears way to apply for employment authorization

Grants of employment authorization for those allowed to remain in the U.S. under prosecutorial discretion are rare, but those who think they fit the criteria must apply with a $380 filing fee.

Q. I was facing deportation, but I was granted prosecutorial discretion, stopping that process. I want your readers to know that I was successful in getting U.S. Citizenship and Immigration Services to give me employment authorization.

I argued that prosecutorial discretion is similar to deferred action, a category that qualifies for a work card.

Victoria Calle, by email

A. Good job! Employment authorization is not automatic for individuals allowed to remain in the United States under the prosecutorial discretion program. Grants of employment authorization under the program are rare.

The government exercises prosecutorial discretion to allow deportable individuals to stay in the United States where Immigration and Customs Enforcement considers their removal a low priority.

Typically, prosecutorial discretion is not available to undocumented immigrants with criminal records, or who failed to obey a deportation order. It is common for those whose only immigration law violation was overstaying or entering without inspection.

Readers here because of prosecutorial discretion can apply for employment authorization by filing USCIS form I-765. You must pay a $380 filing fee. With your application, you should include detailed information about your need to work.

If you have U.S. citizen or permanent resident relatives relying on you for financial support, submit proof with your application.

That proof might include an affidavit from the relatives and/or proof of your relationship such as birth certificates.

Q. My husband is threatening to get my relatives deported. What can we do about this?

My husband and I are United States and Philippine dual citizens. I filed a concubinage action (accusing him of adultery with possible criminal penalties) after he moved to the Philippines to live with his mistress and their daughter.

He says he will report my brother, sister and brother-in-law, who are all in the United States without lawful status, to Immigration and Customs Enforcement if I don’t drop my case against him.

Name Withheld, Guam

A. Don’t let your husband bully you. ICE is busy trying to deport criminals and doesn’t like to get involved in family disputes. Should ICE contact your out-of-status family members, they would likely qualify for the prosecutorial discretion program

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