Last updated: September 2019
this manual’s writing, DACA initial applications are no longer accepted, but DACA recipients can
continue to renew DACA. As the DACA program is in flux, check www.ilrc.org/DACA for updates.
Cancellation of Removal for Nonpermanent Residents: To be eligible for this defense in
removal proceedings, client must have lived in U.S. at least ten years and have a USC or LPR
parent, spouse or child, and not have a conviction for a deportable or inadmissible crime. The
client must show that the family member(s) will suffer exceptional and extremely unusual
hardship. The client must also be able to show good moral character for the ten years prior to
decision and warrant cancellation in discretion.
Suspension of Deportation: This relief might permit an undocumented person with old
convictions—even old drug convictions—to become a lawful permanent resident. This is a
defense under pre-1997 deportation proceedings that can be applied for in removal proceedings
arising in the Ninth Circuit Court of Appeals; other circuit courts of appeals may not have
considered the issue. The Ninth Circuit indicated that a noncitizen still may apply for suspension
of deportation today in removal proceedings, if he was convicted of a deportable offense before
April 1, 1997.
VAWA Relief: Your client, or certain family member/s, have been abused (including emotional
abuse) by a USC or LPR spouse, USC or LPR parent, or adult USC child. (If abuser is not a
USC/LPR, consider U Visa, below.)
Special Immigrant Juvenile Status: This relief is for juveniles only, and the petition must be filed
by age 21. Client must obtain a state court order (from delinquency, dependency, probate,
family court, etc. proceedings) that they can’t be returned to at least one parent due to abuse,
neglect, or abandonment.
U Visa: Client must have been a victim of a serious crime, such as DV, assault, false
imprisonment, extortion, obstruction of justice, or sexual abuse, and be or have been willing to
cooperate in investigation or prosecution of the crime.
T Visa: Client must have been victim of (a) sex trafficking of persons (if under age 18, could have
been consensual), or (b) labor trafficking, including being made to work by force, fraud, etc.
Asylum, Withholding of Removal and Convention Against Torture: If client fears harm that
amounts to persecution or even torture if returned to the home country, consider all above
forms of humanitarian protection. Asylum is preferable, because after one year the person can
apply for lawful permanent residence. An asylum applicant (a) must submit the application
within one year of entering the U.S., absent extraordinary or changed circumstances, (b) faces
stricter bars based upon criminal convictions, (c) can be denied asylum as a matter of discretion,