OTHER AVENUES OF RELIEF:
OTHER AVENUES OF RELIEF:
Cancellation of Removal:
Cancellation of Removal is available for certain permanent residents and non-permanent residents. In regards to a permanent resident, a non-U.S. citizen who has been a lawfully admitted person for permanent residence for no less than five years may obtain Cancellation of Removal if the person resided in the country continuously for seven years after being admitted in any status and the non-U.S. citizen has not been convicted of an aggravated felony.
As to non-permanent residence, Cancellation of Removal applies to both non-U.S. citizens who were lawfully admitted for permanent residence and those who are inadmissible or removable from the country, and who meet the following requirements:
The non-citizen has been physically present in the country for a continuous time period of at least ten years immediately before the date of applying;
The non-citizen has been a person of good moral character during that time;
The non-citizen has not been convicted of a crime outlined within the grounds for inadmissibility (unless a waiver has been granted); and
The non-citizen shows that removal would cause an exceptional and extremely unusual hardship to their U.S. citizen or LPR spouse, parent, or child.
Special rules exist for battered spouses or children. The non-U.S. citizen must demonstrate the he or she deserves relief as a matter of discretion. The discretionary factors listed in 212(c) relief are the appropriate standards used to determine eligibility for this relief under I.N.A. section 212(d)(5).
Parole:
The Attorney General may temporarily parole a non-citizen on a case-by-case basis for humanitarian reasons. This is not an admission of the non-citizen, but simply a temporary granting of permission to enter the United States if the Attorney General sees a significant public benefit. As such the parolees (non-citizens granted admission by the Attorney General) are not considered to be admitted and once the purposes of the parole have been completed the non-citizen has to return to his or her country of origin and re-apply for status there.*
