Guide to requesting prosecutorial discretion from ICE or CBP in immigration enforcement actions.
Below you will find each step broken out with the specific details, documents, and actions needed for prosecutorial discretion request guide. Follow the steps in order. Each section builds on the previous one.
Before You Start
Gather these items before you begin working on prosecutorial discretion request guide. Having everything ready upfront saves time and prevents errors that force you to start over.
- Valid passport for every applicant (must be valid for at least 6 months beyond planned entry)
- Birth certificates with certified English translations for all applicants
- Marriage certificate (if applicable) with certified translation
- I-94 arrival/departure records for any prior U.S. entries
- Prior visa approval notices, petitions, or immigration correspondence
Understanding Prosecutorial Discretion Request
Guide to requesting prosecutorial discretion from ICE or CBP in immigration enforcement actions. The sections below walk through each part of the process so you know what to expect before you begin.
Step 1: Determine the Correct Form and Filing Category
This step covers how to determine the correct form and filing category for prosecutorial discretion request guide.
- Identify your immigration category: family, employment, humanitarian, or other
- Check the USCIS website for the current version of the required form
- Review the filing instructions specific to your category and situation
- Confirm the correct filing fee and accepted payment methods
Step 2: Prepare Your Identity and Civil Documents
This step covers how to prepare your identity and civil documents for prosecutorial discretion request guide.
- Obtain certified copies of birth certificates for all applicants
- Get certified English translations for any documents not in English
- Collect passport copies (biographical page) for all applicants
- Gather marriage and divorce certificates as applicable
Step 3: Compile Financial Evidence
This step covers how to compile financial evidence for prosecutorial discretion request guide.
- Collect tax returns and transcripts for the past 3 years
- Gather employment verification letters on company letterhead
- Prepare bank statements showing financial stability
- Calculate whether you meet the income threshold (125% of federal poverty guidelines for most family petitions)
Common Mistakes to Avoid
These mistakes cause the most problems for people working on prosecutorial discretion request guide. Check your work against this list before submitting.
- Providing incomplete or inconsistent information about prosecutorial. Cross-check every reference to prosecutorial across all documents.
- Providing incomplete or inconsistent information about discretion. Cross-check every reference to discretion across all documents.
- Providing incomplete or inconsistent information about request. Cross-check every reference to request across all documents.
- Submitting without all required signatures. Unsigned pages will be returned.
- Using an outdated version of the form. Check the edition date before starting.
- Missing the filing deadline. Mark it on your calendar and submit at least a week early.
- Leaving required fields blank instead of writing N/A when a question does not apply.
- Not keeping copies of everything you submit. Make at least two complete copies.
Frequently Asked Questions
How long does prosecutorial discretion request guide processing typically take?
Processing times vary based on the specific office, the completeness of your submission, and current volume. A complete submission with all required evidence is processed significantly faster than one that requires follow-up. Check the official website for current estimated wait times.
What if I made a mistake on my prosecutorial discretion request guide submission?
If you discover an error before submission, correct it on a fresh copy of the form. Do not use white-out. If you already submitted, contact the processing office immediately. Minor errors can sometimes be corrected without resubmission. Major errors (wrong name, missing signature) usually require a new filing.
What documents do I need for prosecutorial?
The specific documents depend on your situation, but at minimum you need the items listed in the 'Before You Start' section above. Check the official instructions for prosecutorial discretion request guide for the definitive list. When in doubt, include more evidence rather than less.