JohnnyCash,
Isn't it true that they don't penalize people for being out of status if they overstayed a visa due to forces beyond their control, including medical reasons?
Jack,
There is no any provision in US immigration laws which forgives overstaying due to medical reason or any other reason beyond someone's control. However, there is a humantarian ground, though, which is worth trying, but it's dealt case-by-case basis and it's extremely difficult to obtain even if there is a reason beyond someone's control. Plus, humantarian ground is sought out by someone who is unable to get a US visa to come to US for a compelling reason than by the person who is already here.
In the case in hand, OP can seek extension of her mother's visa, but USCIS is very tough in extending a temporary visa, believe me. And even if visa is extended then it would be just for another 6 months which might be enough in her situation. Also, it costs money to extend a visa as a fee, and don't forget that OP's financial condition is not that good. In my opinion, why OP's mother should seek extension on her visa and waste money on it as a fee when her overstaying wouldn't be a problem at all when OP would file the green card for mother after becoming a US citizen?? Besides, getting the necessary medical help for mother should be the only concern OP should have at this time than worrying about extension of mother's visa or mother's overstaying status or anything else for that matter.
If you are talking about the possibility of some kind of waiver for OP's mother for her to overcome her medical problem so that she could obtain green card in the future then there is no such waiver for this kind of medical problem unless OP knocks the door of any congressperson who could introduce a private Bill for OP's mother. And you and I both know that this route is none to impossible.
As for medical help for OP's mother, then she wouldn't be able to get medicare because in order to get medicare she must need to be 65 and must have contributed in the system. And she won't be able to get medicaid either because one must need to be a legal resident at least for 5 yrs in order to be eligible for it. Private insurance is VERY expensive here in her age. And it's extremely difficult to find a medical insurance company who would issue a medical insurance to someone who already has a medical problem. All she can get in US is emergency medical help, and that's what OP is happy about getting for her mother, in my opinion.
If I were in OP's situation, then I wouldn't have cared if US is my home or not, or if I've studied here by going to a University or not, or overstaying status of my mom, or anything else like that; instead I would have taken my mom to any place in this world wherein I could afford her medical treatment given my financial situation than keeping my mom over here in the US knowing that my mom won't be able to get the medical help she desperately needs and I would have definately taken her other place outside the US knowing that I cannot afford her medical treatment over here given how expensive medical treatments are here in the US and given my financial situation. But I cannot speak for others.
I don't know why I feel that OP is just looking a way/reason to justify her mother to be here so that OP could file a green card for her when OP becomes a US citizen, which made the OP to come over here to ask questions about her overstaying status and talking about US is his/her house and that s/he studied here and other stuffs. It becomes more apparent when OP admitted itself that OP's mother doesn't have anyone in her home country to take care of her mother...Anyway, it's not my business...