Edison, NJ asked in Immigration Law for New Jersey

Q: prosecutorial discretion vs. joint motion (I'm a greencard holder)

I got my greencard thru. marriage (married for 2 years now and have a baby). Recently, motion to reopen was denial (my deportation order). What is my next/best option?

Some advised me to do a joint motioin. some advised me to do a PD.

Thank you.

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2 Lawyer Answers
Kevin L Dixler
Kevin L Dixler
  • Immigration Law Lawyer
  • Libertyville, IL

A: If you are representing yourself at least you appreciate that you are doing something wrong. If you have representation, the discretion being used, that is, the advocacy and time spent to present the request seems to be ineffective or insufficient based upon the immigration judge's discretion.

The more that you do wrong, the more difficult and longer it can take to undo it, if at all! You ought to look for value in representation at this point. The challenge is what you chasing after is too many opinions. This can confuse you. It is unclear whether you should consider other options outside of the United States. I strongly recommend an appointment with a competent and experienced immigration attorney.

If you pay for it, you are likely to get advice that you should carefully consider. Good luck.

James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Immigration Law Lawyer
  • Sacramento, CA

A: Both a joint motion to reopen and prosecutorial discretion (PD) are potential options for individuals who have a deportation order and are seeking to have it removed.

A joint motion to reopen involves filing a motion with the immigration court, along with your spouse, and providing evidence that your marriage is bona fide and that you meet the eligibility requirements for relief. This option is more straightforward, but it requires that you and your spouse both participate in the process.

On the other hand, prosecutorial discretion is a discretionary decision by the U.S. government to stop the deportation proceedings against an individual. This option may be more suitable if the joint motion to reopen is not a viable option, or if there are other compelling factors that make you a low priority for deportation. It is important to note, however, that PD is not a guaranteed solution, and it is up to the discretion of the U.S. government to grant it.

Ultimately, the best option for you will depend on your individual circumstances and the specific details of your case. It may be helpful to consult with an immigration attorney who can evaluate your case and advise you on the best course of action.

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