Renewal of Prosecutorial Discretion Under the Biden Administration – Adjustment of Status Pilot Program Denver

April 24, 2021

Under the Biden administration we are beginning to see some amount of prosecutorial discretion return to the ICE attorneys.   The “Adjustment of Status Pilot Program – Denver” is an example.  Under this program, DHS will agree to join in a motion to dismiss (so that a I-485 case can be decided before USCIS) or agree to an expedited hearing to have the case promptly adjudicated by the court.

The basic requirements for the program are as follows:

 Respondent has underlying visa petition with current priority date

 Does not have criminal history, need a waiver, or have negative immigration history

 I-485 must already be fee-ed in with USCIS and filed with EOIR

 DHS will consider cases where there was an INA § 212(a)(9)(B) unlawful presence bar IF the relevant period has passed since last departure from USA

If you are in removal proceeding and you believe that you might qualify to request this form of prosecutorial discretion or need help to request that your case be dismissed, feel free to schedule a free consultation.  If you are an attorney from out of state and would like more information about the”Adjustment of Status Pilot Program – Denver,” feel free to reach out for complete details.