In order to have the best chance at receiving a waiver, it is crucial that you speak with an attorney.
When a provisional unlawful presence waiver is granted, United States Citizenship and Immigration Services (USCIS) legally forgives the applicant for his unlawful presence in the United States and waives his time bar.
To overcome an immigration bar you may have to prove that your spouse’s absence from the U.S. could cause you extreme hardship.
If you have been unlawfully present in the United States, you may be subject to either a three-year time bar or a ten-year time bar. If you are subject to a time bar, you will need to apply for a waiver.