Legal Question in Immigration Law in California

There is an option to apply for a waiver of the 212e, 2 year home residency requirement with the Waiver Division of the U.S. Department of State. If granted, she can apply for a green card through adjustment of status, as your wife. If not granted, she will have to stay in her home country for 2 years.

She will have to apply for a waiver, not you. Waiver can be granted on one of several grounds.

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