Prosecutional Discretion

Anyone here receive prosecutional discretion since the 2011 ICE memo?(not daca)

Or do you know of anyone? If so. Do share circumstances... Thanks..

I'm interested in this too. Whatever happened to this?

Not sure if this counts, but I just sent my lawyer the last piece she needs in order to request Prosecutorial Discretion on my behalf. I'm unsure how long the process is, but I can post an update on how it goes in the near future when the time comes.

The only dreamer that we have had in our office that has gotten Prosecutorial Discretion, had been here pretty much all his life (he is 20) came as an infant had graduated HS and his whole family was here (parents, sisters, grandparents, aunts and uncles) they call this connection to the community and his criminal history was a fail to ID (dismissed by us).

It really depends on your connections to the community, Good moral character(filed taxes) and your criminal history.

Please do. Im sure there is plenty of people interested in here.

Honestly,Prosecutorial Discretion existed way before the Morton memo and it is just that the regulations are now public.It is still not easy to gain PD even under the ICE memo but I have only heard of 3 circumstances where PD was approved.

I qualify for DACA except for the criminal requirement. I have 1 non significant and 1 significant misdemeanor. Expunged so i am not automatically disqualified from daca but I know it will be tough. But according to the Morton memo, I am eligible. My only negative is criminal. From the list of positives in the memo, i have many.

Negative
2 convictions. 1 is dui(expunged) 1st conviction will be expunged as well when i apply...

Positive(based on the morton memo)

20+ years continuous presence in the US

Was brought to Us when I was 6(I'm 27 now)

I have usc siblings that i am almost a father to

I have will have 2 Usc children when i apply. One will be only weeks old when i apply.

My babys mama and I are getting married in November. She is a USC. We will already be married when i apply.

My spouse is breastfeeding now. Will be when i apply. And probably will be for 2 more
years.

I am the sole provider of my spouse children. All uscs....

Graduated high school in US. Some college. Will be enrolled in a
college when i apply.

My ties to my community are huge. Since i was a child i was very involved in many programs that helped our community. I was a police volunteer from age 16-19. I make significant donations to many charities. The list goes on in this area. All documented.

I am pursuing my own business and business has been doing well. I have been filing tax returns since 2005. And this year i will be paying a ton of taxes. More then the average person. Thats not counting all the revenue that i bring in for the companies i do business with. They pay taxes on all the $$ make them.

So Ianus. What do you think? You think i have a shot at daca?

^ Wait do you have an order of removal or are in removal proceedings? if not dont try DACA...and just wait for the state side waiver.

DUI/DWI is frown upon BIG BIG BIG time by DHS when it comes to prosecutorial discretion.

No. No order of removal or anything. I am not thinking of applying for daca till January. If by then Obama(if elected) introduces reform, I will wait for that. Or if I am eligible for a provisional presence waiver when they come in effect, I will go that route instead.

As far as the DUI. Still probably gonna take a shot at vacating it. But if that is not possible I will submit everything I have. Police report states, I was not driving. And keys not within my reach. But it was my parents car and I was in the drivers seat. So they still charged me. I was stupid and didn't fight it. But if all circumstances of the case were considered by DHS I believe they would be a bit lenient.