A permanent local under section 216(a) of the Immigration and Nationality Act, 8 U.S.C. § 1186a(a) (2006), who is seeking to remove the basis of that status and who has timely filed the appeal and appeared for the interview required under
section 216(c)(1), does not need a separate section 216(c)(4) waiver if the spouse died during the 2-year period. This scenario often applies to a Lawful Permanent Resident seeking status adjustments.
