For one who is not a legal permanent resident, this defense may be helpful.  Formerly, known as 
Suspension, this defense is available to non-citizens who have ten years of physical presence (cut off by 
the service of a NTA); good moral character;  and can demonstrate exceptional and unusual hardship to a 
US citizen or LPR spouse, parent, child should the non-citizen be removed. It is important to remember 
that hardship to the non-citizen is not considered and the non-citizen must be deserving of a favorable 
exercise of discretion.  There are a limited number of waivers in this category and prevailing on a waiver 
under this section is very challenging. 

Also, victims of violence should be aware that they may be eligble for a form of Cancellation known as 
VAWA (acronym for Violence Against Women which applies to men also) Cancellation.  The non-citizen 
must show that he or she has been subjected to battery or extreme cruelty by a spouse or parent who is a 
United States citizen or legal permanent resident.  The non-citizen must have been physically present in 
the U.S, establish good moral character, and establish extreme hardship.  In this context, hardship to the 
non-citizen is considered.