To be eligible for a provisional unlawful presence waiver, you must meet ALL of the following conditions:

Be physically present in the United States to file your application and provide biometrics;

Be 17 years of age or older;

Be in the process of obtaining your immigrant visa and have an immigrant visa case pending with Department of State (DOS) because you:

• Are the principal beneficiary of an approved Form I-130, Petition for Alien Relative; an approved Form I-140, Petition for Alien Worker; or an approved Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant who has paid the immigrant visa processing fee;

• Have been selected by DOS to participate in the Diversity Visa (DV) Program (that is, you are a DV Program selectee);

• Are the spouse or child of a principal beneficiary of an approved immigrant visa petition who has paid the immigrant visa processing fee to DOS; or

• Are the spouse or child of a DV Program selectee (that is, you are a DV Program derivative)

Be able to demonstrate that refusal of your admission to the United States will cause extreme hardship to your U.S. citizen or Legal Permanent Resident spouse or parent;
 

Believe you are or will be inadmissible only because of a period of unlawful presence in the United States that was:

• More than 180 days, but less than 1 year, during a single stay; or
  
• 1 year or more during a single stay.

Meet all other requirements for the provisional unlawful presence waiver, and the Form I-601A and its instructions.

Source: uscis.gov