Unlawful presence is the period when you are in the United States without being admitted or have received permission to enter or when you are not in a "period of stay authorized by the Secretary of Homeland Security."
The government looks at a hardship to the USC or LPR Relative who will be left behind if the immigrant were to be deported and barred from returning to the United States.
Currently, the process of applying for an Immigration Waiver for the United States is resolved between 8 and 24 months, approximately.
Although denials of an I-601A waiver are not appealable, applicants may refile a new waiver application showing that they have new or additional evidence.
It depends on the consulate. For example, if you are from Mexico, the consular appointment in Ciudad Juarez, after your waiver is approved, is about two years. From countries other than Mexico the wait is approximately one year