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An individual may seek a provisional unlawful presence waive
USINFO | 2013-10-30 13:42
- Is physically present in the United States;
- Is at least 17 years of age;
- Is the beneficiary of an approved immigrant visa petition (I-130) classifying him or her as an immediate relative of a U.S. citizen;
- Is actively pursuing the immigrant visa process and has already paid the Department of State immigrant visa processing fee;
- Is not subject to any other grounds of inadmissibility other than unlawful presence; and
- Can demonstrate that the refusal of admission would result in extreme hardship to a U.S. citizen spouse or parent.
