Bayonne, NJ Immigration Law Firms & Lawyers

You can file an I-130 petition for your mother if you haven't already.  Once that is approved, you can apply for a 601A provisional waiver of her unlawful presence.  Your mother will then have to get an immigrant visa from the US consulate in Mexico and return with a green card.

Yes, but she will likely not meet the USCIS income requirement to petition for you. The income requirement is 125% of the HHS poverty guidelines for your family size. She may need to get a joint sponsor to sign a separate I-864 affidavit of support. Consult with an experienced immigration attorney.

First, a co-sponsor does not have to be your (or your fiancee's) relative; it can be any citizen or permanent resident of the U.S. who has enough income to qualify under the 125% poverty guidelines. Remember, a co-sponsor must independently qualify; his/her income cannot be added to your income. If you absolutely cannot find find a co-sponsor, and your income is just under the required level, you have 2 options: a) get a second job; or b) try to qualify by using your assets. The rule is that the value of your assets must exceed 5 times the difference between your income and the 125% poverty guideline. For instance, let's say you have no dependents and your income is $19087 a year, so you are $300 short of the applicable guideline. In this case, you would need to show assets worth $1500 to cover the shortfall. It does not have to be money in the bank - it can be the balance of your retirement account, value of your car, or even jewelry.