Prosecutorial Discretion

A few months ago, the Obama administration started reviewing the cases of those in removal proceedings with an aim of focusing on criminals. As a result, many illegal immigrations are wondering if it is considered a criminal act to be charged with overstay.

When a person is charged with overstaying on an authorized period of stay on the Notice to Appear, alone, and were never prosecuted for a criminal offense, that would not constitute a crime that would prevent their case from being reviewed under the Morton memo.ICE will consider all 19 factors in reveiwing cases to determine which cases are appropriate for administrative closure or other remedies.
For those here illegally and that are overstaying on authorized time, it is always best to hire an immigration lawyer in Colorado who can better advise you based on the details of your situation.

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