Anyone who has been out of status in the US for 1 year or more is barred from entering the country legally for 10 years. A waiver is available if the person can show extreme hardship to a US citizen spouse or child. Right now, the person seeking such a waiver must apply for the waiver at a US consulate outside the US. Regulation is pending that would allow someone to stay in the US while making such a waiver request. However, without a US citizen spouse or child, there is little chance of regularizing status.
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