When a person has stayed illegally in the country for more than a year, they have a punishment of 10 years.
However, the law gives you the possibility of ask for forgiveness to avoid that punishment.
What does Immigration look at when you ask for a waiver?
Look at the type of need, problem, suffering that the family member (resident or citizen) would have if you left the country. That the suffering is so extreme "hardship" in English, that immigration can forgive it and stay in the country.
This suffering can be taken from various points of view, economic, emotional, such as the stress that it would cause to the children if one of the parents leaves, health problems, you also have to show immigration why you and your family member They cannot be returned to their country.
For all this it is very important that you get good advice from a lawyer, that the forgiveness is complete, because a well-made forgiveness is more likely to be approved, but always keeping in mind that the approval of a forgiveness is immigration discretionary.