Bergen County Request for Prosecutorial Discretion Lawyer — Can Your Case Be Closed?
A request for prosecutorial discretion lawyer Bergen County can ask ICE or the DOJ to close your removal case. Prosecutorial discretion is a request for favorable action, not a right. In Bergen County, success often depends on humanitarian factors and a strong legal argument. Law Offices Of SRIS, P.C. has handled numerous such requests in New Jersey immigration courts. Call (609)-983-0003 for a case review.
What Is Prosecutorial Discretion in Immigration Law?
Prosecutorial discretion (PD) is the authority of the Department of Homeland Security (DHS) and the Department of Justice (DOJ) to decide how to enforce immigration laws in individual cases. It allows officials to prioritize resources by closing, dismissing, or not initiating removal proceedings against certain noncitizens. This is not a form of relief or a path to a green card, but a temporary administrative reprieve.
Last verified: April 2026 | Newark Immigration Court | U.S. Citizenship and Immigration Services
The legal basis stems from the executive branch’s inherent enforcement authority. A request for prosecutorial discretion lawyer Bergen County builds a case showing why your situation warrants this favorable exercise of authority, focusing on factors like family ties, length of residence, and lack of criminal history.
Official Resources and Legal Citations
Understanding the policy framework is important. The primary guidance comes from DHS and DOJ memoranda. For the official policy statement on enforcement priorities and the use of prosecutorial discretion, refer to the DHS Memorandum on Guidelines for the Enforcement of Civil Immigration Law. For court procedures and rules in New Jersey, review the Executive Office for Immigration Review (EOIR) website.
The Local Process for a Request in Bergen County
Filing a request for prosecutorial discretion in Bergen County typically involves the Newark Immigration Court or the local ICE Field Office. The process is not adversarial like a hearing; it is a written submission to the government attorney (the Trial Attorney) asking them to agree to close your case. An affordable request for prosecutorial discretion lawyer Bergen County knows that success often hinges on the initial presentation of facts and supporting documentation.
- Case Evaluation: Your attorney reviews your entire immigration history, criminal record, and personal circumstances to assess PD eligibility.
- Evidence Gathering: Collect documents proving long-term residence, family ties (especially U.S. citizen family members), community contributions, medical issues, or other humanitarian factors.
- Drafting the Request: Your lawyer prepares a formal legal brief and cover letter to the ICE Chief Counsel or Trial Attorney, arguing why PD should be favorably exercised in your case.
- Submission and Follow-Up: The request is filed with the correct office. Your attorney will monitor the status and be prepared to respond to any government inquiries.
- Negotiation (if needed): If the government has concerns, your lawyer may negotiate terms, such as an order of supervision instead of outright closure.
Who Might Qualify for Prosecutorial Discretion?
While each case is unique, immigration authorities generally consider positive factors that align with enforcement priorities. A request for prosecutorial discretion lawyer near me Bergen County can evaluate if your profile is strong.
In Bergen County, prosecutorial discretion may be considered for individuals with longstanding ties to the U.S., especially those with U.S. citizen spouses, children, or parents; veterans; individuals with serious health conditions; primary caregivers; and those who came to the U.S. as young children.
- Family Ties: Having immediate family members who are U.S. citizens or lawful permanent residents, especially if you are their primary caregiver.
- Length of Residence: Many years of continuous presence in the United States, particularly in the same community.
- Humanitarian Factors: Age, health (especially if treatment is unavailable in home country), pregnancy, or being a victim of crime.
- Educational & Community Ties: School enrollment, church membership, volunteer work, or a history of steady employment.
- Immigration History: A clean record with no prior orders of removal and compliance with any prior reporting requirements.
Results may vary. Prior results do not guarantee a similar outcome.
Our Firm’s Experience in Immigration Law
Law Offices Of SRIS, P.C., founded in 1997, provides focused immigration representation. Our team understands the high stakes of removal proceedings. We approach each request for prosecutorial discretion with a detailed strategy, compiling evidence and legal arguments to present the most compelling case possible to the authorities. Our “Advocacy Without Borders” philosophy means we fight for every possible avenue of relief for our clients.
Case Results and Client Advocacy
Our firm has successfully secured favorable outcomes for clients facing removal. This includes convincing ICE Trial Attorneys to agree to dismissals and closures through requests for prosecutorial discretion, allowing individuals to remain with their families in the U.S. We tailor our advocacy to the specific facts and humanitarian circumstances of each client’s life in New Jersey.
Results may vary. Prior results do not guarantee a similar outcome.
Contact Our Bergen County Immigration Lawyers
If you are in removal proceedings and believe you may qualify for prosecutorial discretion, contact our team for a consultation. We serve clients throughout Bergen County, including near Hackensack, Englewood, Fort Lee, and Teaneck.
Law Offices Of SRIS, P.C.
Toll-Free: (888) 437-7747 | Local: (609)-983-0003
24/7 phone consultations — meetings by appointment only.
Frequently Asked Questions
What exactly does a request for prosecutorial discretion do?
It asks the government attorney handling your deportation case to use their authority to close or dismiss it. It is a request for favorable administrative action, not a formal application for legal status.
If my case is closed through prosecutorial discretion, do I get a green card?
No. Case closure is not a grant of lawful status. It simply stops the removal proceedings. You remain without legal status but are not actively being deported. You may later become eligible for a green card through another avenue, such as a family petition.
How long does it take to get a decision on a PD request?
It depends on the office and the scope of your case. It can take several months. An experienced attorney can follow up strategically to help move the process along without harming your chances.
Can I apply for prosecutorial discretion myself?
While you can, it is not advisable. The request is a legal argument that must be persuasive and supported by evidence. An attorney knows what factors to highlight, how to format the request, and which office to submit it to for the best chance of success.
What happens if my request for prosecutorial discretion is denied?
Your removal proceedings continue. You and your attorney must then prepare to fight your case in immigration court, pursuing other forms of relief like cancellation of removal, asylum, or waivers. The denial of PD does not prevent you from seeking other remedies.
Related Pages: Explore our New Jersey Immigration Lawyer hub. For help with other specific issues, see our pages on Cancellation of Removal in Bergen County and Asylum in Bergen County.
Page Last verified: April 2026. Immigration policies change frequently. Contact Law Offices Of SRIS, P.C. at (609)-983-0003 for the most current guidance on requests for prosecutorial discretion.
New Jersey law governs this practice area.
Your case in Bergen County, New Jersey
Immigration matters are federal: removal cases for New Jersey residents are heard at the Newark Immigration Court and applications are decided by USCIS. County criminal charges that can affect immigration status are heard in the Criminal Part of the Law Division. In Bergen County that is the Superior Court of NJ, Bergen Vicinage (2nd Vicinage), 10 Main Street, Hackensack, NJ 07601, telephone (201) 527-2700, open Mon-Fri 8:30AM-4:30PM. Court procedures change; confirm the current schedule on the official vicinage website or with the clerk before you file or appear.
The governing law for this topic is the federal Immigration and Nationality Act. Law Offices Of SRIS, P.C. handles Bergen County matters from its New Jersey location at 44 Apple St 1st Floor, Tinton Falls, NJ 07724; meetings are by appointment. Request a New Jersey consultation at (888) 437-7747 or (609) 983-0003.
Related New Jersey pages: Bergen County NJ lawyers directory · Hudson County NJ Request for Prosecutorial Discretion Lawyer · Request for Prosecutorial Discretion Lawyer Monmouth County.