In Texas she was in the process to get her green card through a reform but she failed the test they gave her, she didnt get her green card. While in that process she had a permission to leave and enter the country. Will that make the process easier? What is our next step?
How was she getting her green card? What test? Your next step should be to contact an immigration attorney to assist your mom.
Your next step should be to consult an immigration attorney who will analyze your mother's immigration history and the specific facts of her case to determine whether she is eligible for an immigration benefit. If you are a U.S. citizen, you are eligible to file an immigrant visa petition on her behalf. However, whether she can adjust her status to lawful permanent residence will depend on many factors, such as whether she has a lawful entry or whether she has committed any crimes.
You need to have an immigration consultation. A 21 year old US Citizen can petition his or her parent. The issue will be If she has a legal entry or an illegal entry into the US. Also, we need to know if she was actually deported or just told she had a certain amount of days to depart. You can most likely start the process, but we need a little more info on her immigration history.
There are a lot of things missing from the facts your provided. I am not sure what "reform" you are referring to because there has not been any sort of immigration reform passed by the government. I am also not aware of any tests that one has to take in order to get a green card. Did you serve in the military? are you maybe talking about "parole in place"? if your mother was granted an advanced paroled [permission to leave and enter the country] then this would make her eligible for adjustment of status through an immigrant visa that you can file for her [an I-130]. If your mom was previously apprehended at the border trying to cross or deported by an immigration judge etc then there may be more issues to overcome. Contact an attorney who offers a free consultation so you can do things more knowledgeably.
If you are an American citizen you can petition for your mother to adjust status to legal permanent resident (green card). You will have to complete an affidavit of support based on your gross income and family size and she has to be admissible (not have a criminal record and other conditions). There are other documents and forms to be completed.
The process is straightforward and it takes about 4-5 months. However, there are many details to which you have to pay attention and I strongly recommend that you hire an attorney.
The USCIS fees are 1070, 420, 85,
My office process immigration applications and I charge $1500 to have your application and all supporting documents professionally prepared and submitted for interview. I am also available, or a colleague of mine to appear with you and your mother before the interviewing officer for an additional fee based on the location of the processing center.
Should you need more information I give a 30 minutes free initial in person or telephonic consultation.
Have a confidential consultation with an immigration attorney. There are several details that an attorney will need to provide guidance. Since you are 21 and a US citizen that is a good beginning.
Attorney Robert Brown's (former INS Director, 1972-99) reply to your question is general in nature, and does not constitute legal advice as all facts are known to him. For specific advice or representation you should retain an attorney experienced in immigration law. Mr. Brown's reply on AVVO does not create an attorney/client relationship not constitute legal advice.
See an immigration attorney in person. As my colleagues have said, the are too many unanswered questions to give you proper advice over the internet.