Morrow, GA Immigration Law Firms & Lawyers

The answer to your question depends upon what your immigration-related goals may be. If you may wish to be permanently lawfully present in the U.S. (beyond the period authorized by treaty or a visitor's visa), if you may wish to become legally authorized to be employed in the U.S., if you may wish to be able to sponsor certain family members for immigration benefits, if you may wish to become on a pathway to eligibility to become a naturalized U.S. citizen, etc., then applying to become a Lawful Permanent Resident (getting a "Green Card") may be important to you. It would be wise for you to consult with an immigration attorney about immigration-related eligibilities, options and strategies to attain your goals.

Unless your mom's parents are US citizens, she will need to obtain lawful permanent residency first and then wait another 5 years to apply for US citizenship.

Generally, a foreign national who entered the U.S. lawfully and with inspection may become married to a U.S. Citizen and succeed in a marriage-based application for adjustment of status to become a Lawful Permanent Resident (to get a "Green Card"). This is true even if the foreign national has overstayed a visa and is out of status. Of course, there are many more details that address eligibility. It would be wise for you and your fiance to consult with an immigration attorney who, after learning all of the relevant information about you, your immigration history, etc., would be able to advise about immigration eligibilities, options and strategies, and could offer legal representation in the often quite complex application process.