(C)  Relief.  Immigration “relief” refers to the various ways that a noncitizen who has been found to be removable (inadmissible or deportable) may nevertheless avoid having to leave the United States and return to their country of nationality.  This list describes some of the common concepts:

 

Adjustment of Status:  The process of becoming a LPR (getting a green card).[38]  This can include an LPR subject to removal making a new application for LPR status in removal proceedings which if granted will avoid removal.[39]

Continuous Presence or Domicile:  Various forms of relief (and some grounds of removal) require that the noncitizen have been present in the United States for a specified period of time in order to become eligible for the relief.  Brief periods of absence may or may not be excused in calculating a period of continuous presence.  Whether the noncitizen had lawful status during the period may also matter.

Exceptions: A noncitizen who qualifies for an exception to a ground of removal (deportation or inadmissibility) (e.g., the petty offense exception[40]) is not removable, even though s/he technically falls within a ground of removal.  There is no need to seek a waiver.

Immediate Relative:  In order to adjust status, one must have an immigrant visa immediately available.  In removal proceedings, where the noncitizen cannot wait five or more years for a visa to become available, the most common way to obtain a visa is through petition of an “immediate relative,” defined as a United States citizen (1) spouse [sometimes even if the spouse has died]; or (2) son or daughter who is 21 years old or older; or (3) parent [if the noncitizen is under 21 years old and unmarried at the time the petition is filed[41]].[42]

Waiver:  A form of relief that becomes applicable after the noncitizen has been found subject to a ground of removal, and results in a decision not to remove the removable noncitizen.

[38] INA § 245, 8 U.S.C. § 1255.

[39] See § 24.2, infra.

[40] See § 20.29, infra.

[41] INA § 101(b), 8 U.S.C. § 1101(b).

[42] INA § 201(b)(2)(A)(i), 8 U.S.C. § 1151(b)(2)(A)(i). 

Ninth Circuit

REMOVAL PROCEEDINGS " TERRITORIAL JURISDICTION " MARIANA ISLANDS
Mtoched v. Lynch, ___ F.3d ___, 2015 WL 2445063 (9th Cir. May 22, 2015) (United States immigration laws may be applied and enforced within CNMI to noncitizens who entered that territory, committed the crime, and suffered the conviction upon which the removal order is based prior to the extension of United States immigration laws to the Commonwealth).

Other

OVERVIEW - IMMIGRATION PROCEEDINGS - VISA WAIVER PROGRAM
DHS Final Rule: Designation of Malta for the Visa Waiver Program "This rule adds Malta to the list of countries authorized to participate in the Visa Waiver Program. DATES: This final rule is effective on December 30, 2008." Federal Register / Vol. 73, No. 250 / Tuesday, December 30, 2008.