If you accrued unlawful presence before departing the United States, you may be subject to a three-year or ten-year bar from reentry, depending on the length of your overstay. A waiver may be available if you can demonstrate that refusing your admission would cause extreme hardship to a qualifying U.S. citizen or lawful permanent resident spouse or parent. The hardship must be well-documented and substantial.

Waivers require a detailed showing of hardship factors, including medical issues, financial dependence, family separation, and country conditions abroad. The standard is discretionary, meaning approval is not automatic even if hardship is established. Preparing a thorough application with supporting documentation is essential to improve your chances of success.