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What are the Requirements for the Provisional Unlawful Presence Waiver?In order to apply for the Provisional Unlawful Presence Waiver, you must

  1. Be physically present in the United States;
  2. Be at least 17 years of age at the time of filing;
  3. Have an approved immigrant visa petition filed U.S. citizen immediate relative;
  4. Have an immigrant visa case pending with the U.S. Department of State (DOS) AND you have already paid the immigrant visa processing fee;
  5. You accrued Unlawful Presence in the U.S., and are not inadmissible for any other reason;
  6. Prove extreme hardship to your U.S. citizen spouse or parent, or that your application should be approved as a matter of discretion
  7. 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).