When am I not Eligible for a Provisional Unlawful Presence Waiver?
You are not eligible for a provisional unlawful presence waiver if:
You do not meet one or more of the requirements previously discussed;
You have a pending Form I-485, Application to Register Permanent Residence or Adjust Status, with USCIS (in which case you don’t need this);
You are in removal proceedings UNLESS your removal proceedings are administratively closed + have not been re-calendared as of the date of filing;
You have been ordered removed, excluded, or deported from the United States;
You are subject to reinstatement of a prior removal order;
Your immigrant visa interview was scheduled prior to January 3, 2013, even if you failed to appear or it was rescheduled for a date after January 3, 2013 (this is a bright line rule); and
You do not prove that the refusal of your admission to the U.S. would result in extreme hardship to your U.S. citizen spouse or parent, or that your application should be approved as a matter of discretion.