Unfortunately, by having overstayed your visa and having remained out of status for (I assume) more than one year & having left the country, you have in effect triggered the 10 year bar to readmission.
The only way of getting back is to have a USC spouse who will file an immigrant visa on your behalf, coupled with an extreme hardship waiver, to "waive" your inadmissibility. There is no guarantee something like this will succeed, since even if married, in the eyes of the law "mere separation does not constitute hardship."
Behar Intl. Counsel 619.234.5962 Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.
As my colleague states you will need a waiver. A waiver requires that you have an immediate Your second alternative is to wait 10 years after which you will not need a waiver.
I agree with my colleagues. You have a 10 year bar by staying over a year out of status. It makes no difference if you returned the I-94 or not. For this bar, a waiver maybe eligible. A non immigrant waiver is needed if you wish to apply for a nonimmigrant visa, such as one sponsored by an employer.
Dhenu Savla, Esq.
This answer does not create an attorney-client relationship and is not meant to be relied upon as legal advice.
As stated by my colleagues you will be subject to the ten year bar and need a waiver, which requires a a showing of extreme hardship to a qualifying relative, (u.s citizen or permanent resident spouse or parent). This will of course additionally require an immigrant petition I-130 to be filed by the relative, if an immediate relative files ( u.s citizen spouse or child over 21) the process will be faster as you do not have to wait for a priority date.
Another option would be a 212(d) (3) waiver if you have the possibility of applying for a non immigrant visa. Please consult with an immigration attorney competent with waivers
There is a general provision for nonimmigrant visa waivers you can use.
The above is intended only as general information, and does not constitute legal advice. You must speak with an attorney to discuss your individual case.