Q: is there a waiver available for unlawful presence?

A: Yes. there are both immigration and nonimmigrant waivers available that, if granted, will allow the applicant to return to the U.S. prior to the expiration of that application bar. The immigrant waiver (Form I-601) is significantly more difficult to obtain and requires proof that a U.S. citizen relative will suffer "extreme hardship" if the non-citizen is not allowed to live with him/her in the U.S.