A person who has been barred from admission to the United States for three or ten years for having been in unlawful presence in the US, may apply for a waiver of the bar if that person is the spouse, son or daughter or a US Citizen or a Legal Permanent Resident(LPR). The person must prove that refusal of her or his admission to the United States would result in extreme hardship to that US citizen or LPR family member.
To apply for the inadmissibility waiver, the person must file form I-601 with supporting documentation. For someone applying for this waiver, that person should review some of the factors that are considered, as described by one of the USCIS overseas office:
a. HEALTH – Ongoing or specialized treatment requirements for a physical or mental condition; availability and quality of such treatment in your country, anticipated duration of the treatment; whether a condition is chronic or acute, or long-or short-term.
b. FINANCIAL CONSIDERATIONS – Future employability; loss due to sale of home or business or termination of a professional practice; decline in standard of living; ability to recoup short-term losses; cost of extraordinary needs such as special education or training for children; cost of care for family members (i.e., elderly and infirm parents).
c. EDUCATION – Loss of opportunity for higher education; lower quality or limited scope of education options; disruption of current program; requirement to be educated in a foreign language or culture with ensuing loss of time for grade; availability of special requirements, such as training programs or internships in specific fields.
d. PERSONAL CONSIDERATIONS – Close relatives in the United States and /or your country; separation from spouse/children; ages of involved parties; length of residence and community ties in the United States.
e. SPECIAL FACTORS – Cultural, language, religious, and ethnic obstacles; valid fears of persecution, physical harm, or injury; social ostracism or stigma; access to social institutions or structures.
f. Any other situation that you feel may help you meet the burden of extreme hardship.
There is no waiver before the end of the ten year bar for someone who was unlawfully present in the United States for an aggregate period of more than one year or who has been ordered removed, and who subsequently enters or attempts to enter the United States without being lawfully admitted. See INA §212(a)(9)(C). (ie., under this section, you will suffer a permanent bar for which there is no waiver before the end of the ten years if you attempt to reenter or reenter unlawfully)