APPENDIX II: MEANS OF DISCRETIONARY EXTENSION OF STAY AVAILABLE TO THE INS
Primary Means Available to the INS to Delay Removal in Civil Cases:
· Parole: Requires an individual to leave and reenter the United States and may be granted for "urgent humanitarian reasons" or "significant public benefit," including for witnesses in judicial proceedings. When the purposes of the parole have been served, the individual is returned to her country of origin or to the custody from which she was paroled for immigration proceedings to resume.
· Voluntary Departure: Provides an individual with 120 days to leave the United States voluntarily, without initiation of formal immigration proceedings;
· Deferred Action: Delays INS proceedings against an individual indefinitely, but does not stop accrual of the individual's unlawful time in the United States; and
· Stay of Deportation or Removal: Delays enforcement of a final order of removal or deportation "for such time and under such conditions as [the INS district director] may deem appropriate" but does not stop accrual of the individual's unlawful time in the United States.
Additional Means Available to the INS in Criminal Cases to Delay Removal:
· S Visa: 200 available annually for individuals possessing and willing to supply critical information concerning criminal organizations or enterprises and whose presence in the United States is essential to the investigation or prosecution of the criminal activities.
· T Visa: 5,000 available annually for trafficking victims who have complied with any reasonable requests for assistance in the investigation or prosecution of trafficking and "would suffer extreme hardship involving unusual and severe harm upon removal;"
· U Visa: 10,000 available annually for victims of enumerated criminal activities, who have "suffered substantial physical or mental abuse" as a result of the activities, possess information concerning the activities, and have been certified by government authorities as having been or likely to be helpful in the investigations or prosecutions of the activities.
·Criminal activities of which an individual must be a victim to qualify for a U visa: rape; torture; trafficking; incest; domestic violence; sexual assault; abusive sexual contact; prostitution; sexual exploitation; female genital mutilation; being held hostage; peonage; involuntary servitude; slave trade; kidnapping; abduction; unlawful criminal restraint; false imprisonment; blackmail; extortion; manslaughter; murder; felonious assault; witness tampering; obstruction of justice; perjury; or attempt, conspiracy, or solicitation to commit any of the above mentioned crimes.