II. Waiver of the Three or Ten Year Bar of Inadmissibility for Overstays
(i) Nonimmigrants
The 1996 reforms do not include a waiver of the three or ten year bar for nonimmigrants. The immigration laws do not, however, preclude a nonimmigrant from applying for a general waiver under section 212(d)(3). Section 212(d)(3)makes available to nonimmigrants a general waiver for most grounds of inadmissibility.
(ii) Immigrants
The statute does provide a specific waiver for the three or ten year bar for foreign nationals who are the spouse, or son or daughter of a US citizen or permanent resident. The waiver is not available to foreign nationals who only have children who are US citizens or permanent residents. To obtain the waiver the foreign national must show that their US citizen or permanent resident spouse or parents will suffer �extreme hardship� if the foreign national is not allowed to return to the US. �Extreme hardship� to the foreign national himself is not recognized for the purposes of the waiver.
reference link:
http://www.visapro.com/Immigration-Articles/?a=173&z=64
