They can do both.
I wish they would but every time they try to do it with the real illegals, we hear all kinds of whining about their *rights*. I wish they'd take care of those first and then worry about those here on visas and green cards.
However, this is not the first time by any means that I've heard of this kind of problem with people who have green cards and are married to American citizens. If she's been trying to do it the right way, she shouldn't be penalized for the system screwing up. Those here legally with green cards live in constant fear of doing something wrong and getting deported for good. Those who follow the rules are the ones penalized and they shouldn't be.
This appears to be a clear case of bulling ahead after a bureaucratic snafu in order to 1)cover up the embarassment of the snafu and 2)cover up the broader embarassment of failing to go after the real problem.
Sure, they can do both, but it looks like Metmom's question was, why don't they?
CA....