; and (B) the alien is not inadmissible under paragraph (2), (3), (8), (10)(A), (10)(C), or (10)(E) of section 212(a) of the Immigration and Nationality Act ( 8 U.S.C. 1182(a) ). (2) Waiver Notwithstanding paragraph (1), the Secretary of Homeland Security may waive the application of section 212(a)(2) of the Immigration and Nationality Act where the ground of inadmissibility pertains to an offense for which immigration status is an essential element, a misdemeanor offense (or its equivalent), or any other offense that is not a crime of violence, when such waiver serves humanitarian purposes or family unity or is otherwise in the public interest. (3) Procedures The Secretary of Homeland Security shall by rule establish a procedure allowing eligible individuals to apply for the relief available under this subsection without requiring placement in removal proceedings. Such procedure shall provide for the ability of a minor to apply for such relief, including through a legal guardian or counsel. An individual shall not be considered ineligible to apply for such relief because the individual is in removal proceedings or has previously been ordered removed. (4) Background checks The Secretary of Homeland Security, in coordination with other departments and agencies as appropriate, shall conduct background checks on all aliens under this subsection. (b) Termination of continuous period For purposes of this section, any period of continuous presence in the United States of an alien who applies for cancellation of removal under this section shall not be considered to have terminated when the alien is served a notice to appear under section 239(a) of the Immigration and Nationality Act ( 8 U.S.C. 1229(a) ). (c) Treatment of certain breaks in presence (1) In general An alien shall be considered to have failed to maintain continuous presence in the United States under subsection (a) if the alien has departed from the United States for any period in excess of 90 days or for any periods in the aggregate exceeding 180 days,