What is prosecutorial discretion in regards to my citizenship? 6 Answers as of February 06, 2012

Your friend should consult with an experienced immigration lawyer and keep away from those who threaten him. Perhaps the government will overlook his lack of legal entry in view of his clean, long record of legal activity here.

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The prosecutorial discretion you are probably referring to only affects people already in removal proceedings. Your friend's spouse should speak with an immigration attorney. Contacting USCIS directly will not help.

A case will have to be made to the prosecutorial agency not to issue the Notice to Appear and not to put in deportation proceedings.

First, prosecutorial discretion works in a variety of ways, but does not provide any direct form of relief to an individual. It is a policy initiative to help families remain intact by not deporting certain individuals as a matter of discretion. It is not something your friend's spouse will obtain lawful status. It is in your friend's best interest to contact an experienced immigration attorney. They should not be afraid to report the misconduct of the immigration agency. Most immigration consultants are violating the law and can face criminal and civil penalties. An attorney can help review what is done and determine the best way to correct the situation as well as attempt to obtain legal status in this country. Unfortunately, how your friend's spouse will be able to secure status will depend upon more information.

Your friend's husband may have some options. The exact facts will be very important in terms of determining if he may be able to get a greencard from within the US, or if he may be eligible for another form of immigration relief. The issue of the middleman threatening them is an entirely separate concern. They may want to set a consultation appointment to decide how to best move forward.