Skip to content
What are the Requirements for Provisional Unlawful Presence Waiver?
What are the Requirements for the Provisional Unlawful Presence Waiver?In order to apply for the Provisional Unlawful Presence Waiver, you must
- Be physically present in the United States;
- Be at least 17 years of age at the time of filing;
- Have an approved immigrant visa petition filed U.S. citizen immediate relative;
- Have an immigrant visa case pending with the U.S. Department of State (DOS) AND you have already paid the immigrant visa processing fee;
- You accrued Unlawful Presence in the U.S., and are not inadmissible for any other reason;
- Prove extreme hardship to your U.S. citizen spouse or parent, or that your application should be approved as a matter of discretion
- You meet all other requirements of the provisional unlawful presence waiver as listed in the regulations, the Form I-601A and its instructions (this form has not been released yet).