Legal Question in Immigration Law in New York

She will have to depart the USA and go back to her home country to apply for an immigrant visa. Then, she will be denied and need to apply for a hardship waiver. Only IF a waiver is granted, a visa will be approved as well. When she comes back, she will get a green card (permanent residency).

For her to be able to obtain a green card without having to leave the USA, she must have come to USA legally on a visa; or had someone petition for her in the past prior to April 30, 2001.

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It depends how exactly she entered USA. Theere are different definitions of illegal entry. Some allow adjusting status while in USA, some do not.

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