Legal Question in Immigration Law in California

She will have to go abroad to apply for a visa unless she is protected under INA 245i.

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It's likely she'll need to consular process in conjunction with a I-601 waiver.

You may find information information on the process here:

http://www.msclaw.com/immigration-waivers.html

You may contact me via e-mail or telephone for a free consultation to discuss this matter in greater detail. Please contact me via e-mail at info (at) msclaw.com or by calling any of my offices. I represent individuals, couples and businesses located throughout the United States on U.S. Immigration, Naturalization, and Consular Processing matters.

You may also view our web site at http://www.msclaw.com to access a wide variety of free resources on the U.S. immigration process as well as detailed information about the legal services offered by the Law Offices of Michael S. Cho.

Regards,

Michael S. Cho

Attorney & Counselor at Law

10940 Wilshire Boulevard, 16th Floor

Los Angeles, California 90024

Phone: 323.238.4620

Fax: 323.345.5477

Internet: http://www.msclaw.com

San Francisco Office

225 Bush Street, 16th Floor

San Francisco, CA 94104

Phone: 415.449.1974

Fax: 323.345.5477

San Diego Office

8880 Rio San Diego Drive

Rio Vista Tower, 8th Floor

San Diego, CA 92108

Phone: 619.866.5970

Fax: 323.345.5477

Your wife will be able to obtain a permanent residence in the US if she qualifies under 245i, a law that allows an illegal alien to adjust status if he/she was a beneficiary of an immigrant petition (employment or family-based) filed before April 30, 2001. If she does not qualify under 245i, she will have to leave the country to apply for immigrant visa at the consulate and would need a waiver.