Waivers are for those spouses and their kids who have accrued some period of unlawful presence in the United States, and have to leave the country as part of the legal immigration process. Such spouses and kids are barred from re-entering to the US for a period of 3 to 10 years.
In such cases, the families of the legal immigrant to the US can file an application to receive waiver that allow them to return to their families by representing to the government that the citizen family member in the US is undergoing extreme hardship due this separation, and they can request to waive off their re-entry to the United States.
Under the anticipated process, the spouses and children of U.S. citizens, eligible for a visa to immigrate legally but need a waiver of inadmissibility for unlawful presence in the US, would apply for a provisional waiver before they leave the United States, leaving the United States to have their immigrant visa application processed at a U.S. embassy or consulate abroad.
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