Request for Prosecutorial Discretion Lawyer New Jersey — Can Your Case Be Closed?
A request for prosecutorial discretion lawyer New Jersey from Law Offices Of SRIS, P.C. can advocate for the closure of your immigration case. Prosecutorial discretion allows ICE or a DHS attorney to decide not to pursue removal, offering relief from deportation. Our firm, founded in 1997, uses deep knowledge of local ICE office practices to build persuasive requests. Call (609)-983-0003 for a strategy session.
What Is Prosecutorial Discretion in Immigration Law?
Prosecutorial discretion (PD) is the authority of a government attorney, such as a Department of Homeland Security (DHS) Chief Counsel or an ICE officer, to decide how to enforce immigration laws in an individual case. This can include deciding to not issue a Notice to Appear (NTA), to dismiss or administratively close removal proceedings, or to grant deferred action. It is not a form of legal status but a temporary relief from enforcement.
Last verified: April 2026 | Newark Immigration Court | U.S. Citizenship and Immigration Services policy guidance.
Official Government Resources
Understanding the policy framework is critical. The U.S. Citizenship and Immigration Services (USCIS) website provides policy memos on enforcement priorities. For court procedures and rules, review the Executive Office for Immigration Review (EOIR) site.
The Insider’s Guide to a PD Request in New Jersey
Success with a request for prosecutorial discretion often hinges on how the request is framed and to whom it is presented. In New Jersey, knowing the specific humanitarian factors that local ICE Field Office Directors or Assistant Chief Counsel weigh is key. A strong request goes beyond the basic eligibility checklist.
- Case Evaluation: An attorney will review your entire immigration history, criminal record (if any), and current family circumstances to assess PD eligibility.
- Evidence Gathering: Compile documents proving community ties, family relationships, employment history, medical conditions, and any other positive factors.
- Drafting the Request: Prepare a formal legal memorandum to the appropriate DHS office, arguing why your case is a low enforcement priority under current guidelines.
- Submission & Follow-Up: File the request with the correct office and engage in any necessary follow-up communication to advocate for a favorable decision.
Who Might Qualify for Prosecutorial Discretion?
In New Jersey, prosecutorial discretion may be considered for individuals who pose no threat to public safety and have strong equitable factors in their favor.
While each case is unique, factors that can support a request include:
- Long-term residence in the United States, particularly in New Jersey.
- Family ties to U.S. citizens or lawful permanent residents, especially spouse, children, or parents.
- History of employment and tax compliance.
- Medical hardships for yourself or a dependent family member.
- Being a victim of a crime or cooperating with law enforcement.
- Youth or advanced age.
- Pursuit of education.
- Military service by yourself or a family member.
Results may vary. Prior results do not guarantee a similar outcome.
Why Choose Our Firm for Your PD Request
Law Offices Of SRIS, P.C. was founded in 1997. Our immigration team understands that a successful request for prosecutorial discretion requires more than just filling out a form; it demands a persuasive narrative backed by solid evidence. We focus on presenting you as a valued member of your New Jersey community. For an affordable request for prosecutorial discretion lawyer New Jersey, our firm provides clear value and direct attorney attention.
Case Results & Client Experiences
Our firm has a documented history of advocating for clients in immigration court. While every case is different, our approach is consistent: we build the strongest possible argument for relief. Results may vary. We encourage you to discuss the specific facts of your situation with us directly to understand potential strategies.
Law Offices Of SRIS, P.C.
Serving clients in New Jersey and nationwide.
Toll-Free: (888) 437-7747 | Local: (609)-983-0003
By appointment only. 24/7 phone consultations.
If you need a request for prosecutorial discretion lawyer near me New Jersey, contact our team to schedule a consultation.
Frequently Asked Questions
Does a grant of prosecutorial discretion give me legal status?
No. Prosecutorial discretion is not a legal status or a path to a green card. It is a decision by DHS to not pursue your removal at this time. It can be revoked if your circumstances change or if enforcement priorities shift.
Can I apply for a work permit if granted prosecutorial discretion?
It depends. A grant of deferred action through prosecutorial discretion may make you eligible to apply for employment authorization. However, a decision to simply administratively close your case does not. An attorney can advise you on the specific type of relief sought in your request.
How long does a decision on a PD request take?
There is no set timeline. It can take several months, and sometimes over a year, for DHS to respond to a request for prosecutorial discretion. The process requires patience and strategic follow-up by your legal representative.
What happens if my PD request is denied?
If denied, your removal proceedings will continue. At that point, you and your attorney must pursue any other forms of relief for which you may be eligible, such as cancellation of removal, asylum, or adjustment of status. A denial of PD is not the end of your case.
Can I file a PD request myself?
While it is possible to file without a lawyer, it is not advisable. The process is highly discretionary and legalistic. An experienced request for prosecutorial discretion lawyer New Jersey knows how to craft the argument, gather the right evidence, and submit it to the correct office, significantly improving your chances.
New Jersey law governs this practice area.