Will a get a work permit while waiting for an answer of my application for a waiver of the two years home residency?

If you file all of the paperwork for adjustment of status along with the hardship waiver application, you run the risk of having the applications all rejected or denied as the general rule of U.S.C.I.S. is that you should have the waiver or at least a waiver recommendation in hand prior to submitting an application for adjustment of status. We have of course seen situations in which applicants are not rejected or denied and are allowed employment authorization during the time that the adjudication is pending. U.S.C.I.S. will schedule you for interview in accordance with the schedule of the local field office. The average time for interview in Hartford, the field office location for the state of Connecticut, is approximately 9 months as per the processing time chart. At the time of interview, there is a chance that you will be denied adjustment of status even if you have a waiver approval as you did not have it at the time of the filing. On the other hand, an immigration officer may just accept it. If you do not have an approved waiver by that time, you could be denied or the immigration officer might decide to pend your case and give you a small period of time to obtain the waiver. During the time that a case is pending for adjustment of status, U.S.C.I.S. will normally extend employment authorization. The better strategy of course in my opinion is to either fulfill the two-year home residence requirement or obtain a waiver or Department of State recommendation of such prior to applying for adjustment of status to permanent residence.Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.  

You are not eligible to adjust status unil the waiver of the foreign residency requirement is approved.  Thus, you cannot apply to adjust status concurrently with the waiver request.  While the waiver request is pending you will not qualify for a work permit.  If the waiver is approved and you then file a one-step adjustment application, your work permit will be issued in 30-90 days after giving your fingerprints.  However, marriage to a US citizen will allow you to adjust status even if you have worked without authorization.