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On March 4, 2013 the provisional waiver became effective as a change in current regulation.  
  1. Individual must be at least 17 years old and physically present in the United States;
  2. Must be the spouse, unmarried child under age of 21, or parent of a United States citizen;
  3. Must show that the United States citizen spouse or parent would suffer extreme hardship if the waiver is not granted;
  4. Only waives unlawful presence;
  5. Individual must depart the US to apply for an immigrant visa in the home country once the waiver is granted.