Hello and thank you for using our service. My name isXXXXX and I am a licensed attorney and will try my best to help you. I just ask for two things: 1) Before you sign off, please remember to rate me positively as that is the only way that I am paid and your question does not close after you rate me so I can still answer additional questions without additional charge if you have follow-ups even weeks or months later; and, 2) IF I have bad news for you, please remember I am only the messenger. When you rate me, it is my service to you that you rate, not whether the news is good or bad. I will try my best to give you a solution, but sometimes the law does not have a good one.
Unfortunately, she does not qualify for that. Under the U.S. immigration
law, immediate relative is spouse of U.S. Citizen, parent of U.S. Citzen, or unmarried child of U.S. Citizen. So she has two choices.
1) You can file for her and she leaves the U.S. before she turns 18 and a half and she can finish the process outside of the U.S. without penalty since she only begins accruing illegal status at age 18 and the 3 year penalty happens at 180 days (18 and a half), or
2) You can become a U.S. Citizen before she turns 21 and then you can file for her.
Please let me know if you have additional questions and please do not forget to rate my service to you (not the state of the law) as that is the only way that I can get credit for my assistance to you. Even after you rate the service, I can still answer additional questions for you without additional charge. If you do rate me positively, a bonus is always appreciated. If you would like to request me in the future, just go to http://www.justanswer.com/law/expert-guillermosenmartin/ and make sure you type: FOR GUILLERMO on the subject line. Thank you!