- Be the beneficiary of an immediate relative petition;
- Have an active case with the National Visa Center; and
- Be inadmissible only under INA §212(a)(9)(B).
Eligibility for a provisional waiver does not guarantee the waiver will be approved. An applicant must prove extreme hardship to their qualifying relative. Common results of the bar, such as separation and financial difficulties, will generally be insufficient to approve a waiver. See Matter of Ngai, 19 I&N Dec. 245. However consideration must be given to all aspects of the qualifying relatives life including, age, health, individual circumstances, lower standard of living, adverse country conditions, etc. See Matter of Monreal, 23 I&N Dec. 56 (BIA 2001).