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New Prosecutorial Discretion Memo in Immigration Court can help certain people who have received an order of deportation / removal

4/11/2022

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We come today to deliver some new and exciting news. The Biden administration finally issued their guidelines for prosecutorial discretion (PD) on April 3rd,2022. If you received a removal order in the past and you are now married to a U.S. Citizen or Green card holder or have a child who has obtained the age of 21. You might now be eligible to reopen your case and get your green card.

What is PD?
PD gives government attorneys the power to decide, amongst other things, who they want to remove from the United States and the power to join in a Motion to Reopen for certain individuals.

Why is this such great news?
When Trump was in office, government attorneys did not have the power to decide who to remove from the United States. They were ordered under the Trump administration to remove every and anyone who was in the US without proper documentation. However, this added to an already huge backlog of pending cases before the immigration courts. As a result, the Biden administration has given government attorneys the power to decrease this back log and focus resources on removing people who are actual threats to the United States national security.

How may prosecutorial discretion benefit you and or your loved one?
Have you received an order in the past where an immigration judge ordered you removed from the United States, and after that, you married a United States citizen or legal permanent resident? Or perhaps you have a child who has obtained the age of 21. If so, your spouse or child can file an I-130 petition, which is a family petition. After the petition is approved, we can ask the government to use their power to join our motion to reopen your case and then dismiss your case. Under the current guidelines form Biden, they have the power to do this. After that, we can work with you closely to ensure that you are legally in the United States. You will also have the opportunity to legally work in the U.S.

​If you have been ordered removed by an immigration judge in the past and are now married to a US citizen or lawful permanent resident or have a child who is now 21 years or age or older, we may be able to help you legalize your status in the United States. Keep in mind that laws can always change, and this power can be taken away from government attorneys at any time, so it is important that you contact us now if this is your or your loved one’s situation. Please contact the Law Offices of Sabrina Li, so we could consult with you and find out if this is a Motion to Reopen your case is good for you. You can call, email, or book your appointment online on our website.

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© 2023 Law Offices of Sabrina Li, P.C.
  • Home
    • News
  • Team
    • Attorneys >
      • Sabrina Li, Esq.
      • Evelyn Huang, Esq.
      • Elizabeth Luevano, Esq.
    • Operations Manager >
      • Catsandra Villatoro
    • Paralegals >
      • Maria Rivera
      • Randy Chen
      • Kacey Huang
      • Winnie Lu
    • Administration >
      • Alana Bako
    • Senior Consultants >
      • Cheyenne Zhang, Esq.
      • Ralph M. Tsong, Esq.
      • Danny Cano
      • Alex Andryuschenko, Esq.
      • Thomas E. White, Esq.
      • Max Tang
      • Chloe J. Wang
  • Practice Area
    • Immigration Law
    • Corporate Law
    • Family Law
    • Criminal Law
  • Service Procedures
    • Consultation
    • Contract
    • Fees
    • Communication
    • Submissions
    • Decisions
    • Reviews
    • FAQ
  • Successful Cases
  • Blog
  • Contact Us
  • 中文
    • Español