She may be. Do you have an attorney who is representing her before the Court? They would be in the best position to advise you. If she does not have counsel, I strongly suggest you consult with one now.
Samuel Ouya Maina, Esq. 415.391.6612 firstname.lastname@example.org Law Offices of S. Ouya Maina, PC 332 Pine Street, Suite 707 San Francisco, CA 94104
Waiver requires a showing of extreme hardship on the part of a qualifying relative - US citizen or permanet resident spouse or parent. (Note that the new 601A unlawful presence provisional waiver requires the qualifying relative - spouse or parent - to be a US citizen.). In this situation, she will apply for the 601 waiver (not 601A waiver) before the immigration judge and she will apply for it here, not outside the U.S. If the waiver is granted (assuming there is a qualifying relationship), she can apply for adjustment of status based on your approved I-130 petition. This is complex - she must be represented by a lawyer in court.
Madrid Crost Law Group - (888) 466-4478; e-mail: email@example.com; skype: usvisalaw 10 S. La Salle Street, Suite 3320, Chicago, IL 60603 Please consult with a licensed immigration professional to provide you with a thorough legal advice. This response is not a substitute for specific legal advice and it should not be construed to create an attorney-client relationship. Please help stop notario fraud. Please visit and share this site: www.stopnotariofraud.org.
As my colleagues pointed out ... waivers are VERY DIFFICULT to obtain.
Hire a lawyer, don't try to go to court without professional help.
PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.