Who is not eligible for a Provisional Unlawful Presence Waiver?

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You are not eligible if:

• You are not in the United States
• You have not had your seventeenth birthday yet
• You do not have  an approved I-130 petition filed by immediate U.S. citizen relative
• You do not have an immigrant visa case pending with the Department of State
• You have a pending I-485 Application with USCIS
• You are in removal proceedings (with a few rare exceptions)
• You have been deported from the U.S.
• Your Iinterview with the Department of State was scheduled before January 3, 2013
• Your denial of admission to the U.S. would not cause extreme hardship to your immediate U.S. citizen relative
• The Department of State finds you inadmissible for a reason other than your unlawful presence.