Type 1: A general waiver available worldwide for violations of criminal or immigration law (such as crimes, fraud/misrepresentation, misrepresentation of status, expired status, and communicable diseases). This requires proving you have a qualifying US citizen or green card relative (spouse/parents) and that denial would cause "Extreme Hardship" to that relative.
Type 2: China-specific waiver for membership in certain organizations. This waiver can be based on a spouse, parents, siblings, or children (including US-born children). Additionally, you do not need to prove Extreme Hardship—you only need to show you are not a threat to US security.

If filed within the United States, adjudication is faster, generally approved within one to several months (our law firm has a case approved in just 19 days). If processed outside the US (typically after an immigrant visa denial), it currently takes one to two years, but not the 36 months widely reported online. After the waiver is approved, you can proceed to get your green card if you are in the US, or obtain your immigrant visa if you are abroad.

A waiver is not "automatically approved" just because you have a qualifying relative. You cannot simply state "I have a qualifying relative, it's up to you". You must provide evidence in two areas:
1. Prerequisites: A legally qualifying relationship and (if required) extreme hardship.
2. Favorable Factors: Such as long-term residence in the US, stable employment, clean criminal record, family contributions, etc.
You must substantively explain why your previous violation was minor and you are no longer a threat, and convince USCIS to exercise discretion to approve your application.

USCIS publishes an overall approval rate of over 80%. In the past three years, we have obtained over 70 waiver approvals, with very few rejections. The main reasons for rejection include:
1. Applicant doesn't actually qualify with the required relative (applying on a whim);
2. Leaving the US after submission is considered abandonment;
3. Only claiming "extreme hardship" without providing any documentary evidence (such as medical records, financial evidence).
With a relatively straightforward case and professional preparation, the approval rate is very high.

Yes, you can. Many of our cases come to us after receiving a Notice of Intent to Deny (NOID) following the green card interview, or after an outright green card denial. We then file an I-601 waiver application for them (sometimes combined with a Motion to Reopen). As long as you meet the qualifications, even if your status has expired, you can still get your green card through a waiver. We recently had a case where the applicant re-applied after a green card denial and added a waiver, and everything was approved in just four months.

Out of Status: This means you violated your visa conditions (such as working without permission on F1, dropping below full-time credits), but your I-94 may not yet have expired. This makes you ineligible to adjust status within the US.
Unlawful Presence: This means you have remained in the US after your I-94 expired, or have been officially found by USCIS to be unlawfully present. More than 180 days of unlawful presence followed by departure triggers a 3-year bar to re-entry, and more than 1 year triggers a 10-year bar. A waiver is required to overcome these bars to obtain a green card.