Generally speaking if petitioner is not a U.S. citizen, then their son or daughter does not count as a relative of a U.S. citizen and therefore the petition gets placed in the preference categories. Because the person would not be immediately eligible for a Green Card they would be in unlwaful status until a visa number becomes available to them. During this time USCIS may attempt to institute removal proceedings and because there would be no immediately available visa, the person would be unable to adjust status.
Please go see an AILA certified immigration attorney about your case. I suppose there are a few attorneys who practice immigration law without understanding all the intrcacies, but an AILA attorney should be able to give you solid immigration advice about your particluar circumstances. Also, how long has your mother been a Lawful Permanent resident?
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You can be petitioned. The real question is whether you can actually get the green card without having to leave the US. That would depend on whether you qualify for 245(i).
J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship.Ask a similar question