It really all depends on how she entered the US and if anyone had ever petitioned on her behalf. If she entered lawfully but overstayed and she is married to a US citizen, she will be able to legalize her status in the US without leaving. If she entered the US unlawfully and is not protected by a previous Section 245i filing, under the current immigration laws, she is not eligible to adjust status within the US. She would have to depart the US but by doing so she would automatically trigger a 10 year bar to reentry, which can only be waived by a showing of extreme hardship to a US citizen spouse and this is fairly difficult to do in most cases.
Answered on Nov 10th, 2011 at 3:58 PM