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- 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).