Possible way out for aged-out dreamers - brainstorming - Page 3

The 'prosecutorial discretion' is the June 2011 Morton memo which helps people who are in some kind of removing proceedings though.

Where did you get this advice? What would a lawyer say?

I got the advice from a lawyer, I perhaps did not explain it as much I should have. How the June 15, 2012 memo works is that Proset¢orial Discretion is used to evaluate a case to offer deferred action.

Prosecutorial Discretation is mentioned through out the memo, but yes you are correct the June 17, 2011 memo also mentions Prosecutorial Discretation.

Now let know what you think, the idea i have is that the officer can weigh the case in its totality and choose to use his "PROSECUTORIAL DISCRETION" and offer Deferred Action, even though one of the requirements is not met, I am quoting what the lawyer mentioned:

QUOTE
However, what I suspect is going to actually happen is that you can make the argument at the beginning and then again if you are denied. If the government believes that the prosecutor will allow you to remain then they likely will address everything at the same time, even if they are not technically supposed to.
UNQUOTE

Let me know your further thoughts ?


http://www.ice.gov/doclib/about/offi...on-process.pdf

So is up to the officer and not the head of USCIS to make a decision? What if the officer is having a bad day or does not like you for some reason?

So let's say you are denied then what happens next? They leave you alone or put you in removal proceedings? What are the risks?

So let's say you are denied then what happens next? They leave you alone or put you in removal proceedings? What are the risks?


^^^ I think, this is my evaluation from studying the June 15, 2012 memo, if you are denied they will only refer your case to ICE for removal proceedings if they find criminal activity on you, if there is no criminal activity they will not refer your case to ICE.

Here I quote from the June 15, 2012 memo.

QUOTE
If an individual’s request to USCIS for deferred action is denied, will he or she be placed in
removal proceedings?
For individuals whose requests for deferred action are denied by USCIS, USCIS will apply its existing
Notice to Appear guidance governing USCIS’s referral of cases to ICE and issuance of notices to appear.
Under this guidance, individuals whose requests are denied under this process will be referred to ICE if
they have a criminal conviction or there is a finding of fraud in their request
UNQUOTE

However by having a notice to appear you can then opt for a review under the June 17, 2011 Memo that does not offer Deferred Action , but in chatting with a fellow Dreamer whom had there case "Administratively Closed" via the June 17, 2011 Memo, he thinks there is a way for Deferred Action to be granted for people whose cases were Administratively Closed via the June 17, 2011.


Let me have some good constructive thoughts DA USER. ,

They will run a background check for that. You are just throwing out ideas though. What does the lawyer say? So let's say the candidate is all clean then if denied, case closed? Re-appeal?

I think it would still be best speaking to multiple lawyers on this. Stuff can get complicated.

I asked the lawyer:

After I apply for the June 15th DEFERRED ACTION MEMO AND I AM REJECTED, I CAN THEN OPT APPLY FOR THE JUNE 2011 MEMO,

Reply I got:
Quote

You can apply for the prosecutorial discretion if you are denied. due to being ineligible.

UNQUOTE

The consultation ended with:

QUOTE

I think you have a good chance of the prosecutor allowing you to remain even if you are rejected the first time. I think you DO NOT qualify under the rules but they may approve you anyway. Even if they don't then it is likely the prosecutor will exercise his discretion and allow you to remain. Based on what is being said I'd bet your chances are above 80%.

UNQUOTE

These are legal advice, of course a second , third opinion is always suggested.

Now I think there is some way to make work, but I still have to research further.

Let me have your thoughts D.A. USER, any ideas to further this is helpful !

You sure bring a lot of hope for the 31+ Dreamers. 80% is still not good. It is still rolling a dice with your life.

I think we have to "FRONT LOAD" our case if you will, bring everything to the table, elementary records, middle school records, high school records, any certificates, honor roll you may have made, your Junior College Degree, BA degree, any community service, etc, etc, then as the lawyer said:

Quote
"prosecutorial discretion" may be exercised if people do not meet the eligibility requirements. What that means is that the prosecutor can choose to look at the facts of your case and say "Even though he doesn't meet the requirements because [i.e.fill in the blank], he meets them in every other way so therefore I am going to ignore it."
UNQUOTE

I am going to continue the research and be as much informed as possible when I decide whether to or not apply, what are your thoughts ?

I will also speak to multiple lawyers and see what they say. Lot of them offer free advice for a few minutes.

I am under 30 but entered the US at age 17...therefore I do not qualify for deferred action. I think for this borderline cases legal advise is a MUST. My case for instance is somewhat unique. I not only completed HS but have a BS/MS in Electrical Engineering, currently working on my Ph.D., about to publish in conference proceedings in July, very clean resume and no criminal record...besides that I am married to a US citizen for almost two years and my husband has a i130 petition approved and a case in course.

I an EXTREMELY happy for all of you who qualify ...sadly my brother who also graduated with a BS/MS in EE was not patient and left the country in search of opportunities elsewhere about a year ago.

Please do not make a silly move just because you are desperate....make your best and hire a lawyer...we have done wrong to no one and as everyone tells me...God is there for EVERYONE...so just hang in there....things are moving in our favor...just keep out of trouble...continue studying, serve your community...and be patient!