She would likely need a waiver for the unlawful presence. You or your siblings can petition for her. You would need to file a provisional waiver for the unlawful presence. Once the waiver is approved, she would probably have to return to her home country for a month to obtain her Immigrant visa. This is overly simplistic and you really ought to consult a lawyer to get a better picture of her options and a time frame. Many of us offer free consultations. Find an attorney who you like and trust. Good luck to you.
Dean P. Murray
The Murray Law Firm
560 Sylvan Avenue
Englewood Cliffs, NJ 07632
Mr. Murray's response is NOT legal advice and does NOT create an attorney-client relationship. You should NOT rely on this response. Mr. Murray's response was generated without conducting a full inquiry as would occur during a face to face attorney-client consultation. It is likely that the response above may be made less accurate, or become entirely inaccurate, as you, i.e. the questioner, disclose additional facts that should only be discussed during a private consultation with an attorney. I strongly recommend that you consult an attorney who is licensed to practice law in your state (or, in the case of immigration law, and attorney in ANY state), whereupon all relevant facts will be discussed. All responses posted by Mr. Murray on Avvo.com are intended as general information for the education of the public, and not for any specific individual.
If you are US citizens, you can apply for her, but she will need a waiver. Maybe she will qualify for provisional waiver. You need an attorney to work with you, because it is complicated. The cost depends on the amount of work that needs to be done and attorney's rates.
Att. number 917-885-2261 This advice does not create an attorney client relationship. No specific legal advice may be offered by the lawyer until a conflicts check is undertaken. Information sent through a web form or via email may not be treated as confidential. Please accept my apologies for spelling mistakes.
Law Office of Alena Shautsova , New York Immigration Attorney http://www.shautsova.com