Immigration law provides certain types of relief from removal in the Immigration Court, the BIA and various Federal Courts. Among possible avenues of relief are:
(1) Cancellation of removal for permanent residents;
(2) Cancellation of removal for non-permanent residents;
(3) Adjustment of status to permanent residence;
(4) Asylum, withholding of removal and UN Convention against Torture; and
(5) Waivers of inadmissibility and deportability.
Eligibility for waivers of removability depends upon the alien’s ability to establish extreme hardship to his or her immediate family members if he were to be removed from the U.S. For instance, a person who has committed fraud or material misrepresentation may apply for a waiver under §212(i) if the failure to admit him to the U.S. would result in “extreme hardship” to his lawful permanent resident (LPR) or U.S. citizen (USC) spouse or parents. Similarly, a person who is inadmissible on certain criminal grounds may be eligible for a waiver under §212(h) if the failure to admit him to the U.S. would result in “extreme hardship” to his LPR or USC spouse, parents, or children.