Did she have a visa when she entered? If so, does she still have her old passport & I-94.
If the answer to either of these questions is no, you need to meet with an immigration attorney.
Even if the answer to both is yes, you'll benefit from meeting with an immigration attorney.
PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.
The overview is as follows. You will be filing an Immediate Relative Visa Petition, on Form I-130. You will have the burden of proving to the government that your mom is really your mom. At the same time, your mother will file her green card application, on Form I-485. She will have the burden of proving that she's "admissible" to the U.S. In other words, she will need to show that despite being the beneficiary of an approved I-130, there is nothing in her criminal, immigration, marital, financial or financial background that would prevent her from receiving residency.
That is the overview in very broad strokes. For more information, you might start by visiting the USCIS website, or meeting with a good immigration attorney in your area.
Her manner of entry, how many times she entered, when those entries occurred if there were multiple reentries, her criminal history, her immigration history including any past petitions that were filed for her are some of the things that need to be considered aside from your status as a US citizen. I would consult with an immigration attorney to assist you with this process. Make sure that you take the attorney any and all paperwork that you have in your possession so that he or she can review them.
Whether it is possible, depends on whether she can prove she entered the US legally.
You should retain an experienced immigration lawyer to review all the facts, advise you, and handle the case. You can find one through http://www.ailalawyer.com.
J Charles Ferrari
Eng & Nishimura
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.
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You must have a competent immigration attorney review your mother's case in person for AOS eligibility on merits.
The answer given above by the lawyer serves for educational purposes only and provides general information and a basic understanding of the applicable law. Take notice that the answer above does not create an attorney-client relationship as this website is not intended to provide anyone a specific legal advice. Anyone using the site expressly consents that there is no attorney client privilege between any person and any attorney responding.
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Attorney Alexander Ivakhnenko
1021 West Adams, 102, Chicago, Illinois 60607
I agree with my colleagues. Many issues need to be addressed. Most importantly is the manner of entry, legal or illegal? Can you document entry if the entry was legal, or with inspection with an I-94 card and or U.S. Visa and its entry stamps.
Garmo Law Group, PLLC (Michigan) 248-626-0050. This advice is only general in nature and does not constitute an attorney/client relationship. Speak to an experienced attorney before making decisions.