Your mother can apply for you, but the process takes years. For instance, if you were born in Mexico, you will not get a green card on your mother's petition for about 20 years; if you were born in the Philippines, the soonest you might get a green card will be 11 years from the date when your mother would file the petition. And you will lose the ability to get a green card through your mother's petition if you become married. If your mother could become a citizen before you turn 21, her petition for you would move through the system much, much quicker. However, the problem with your illegal entry in the U.S. will be an obstacle to your legalization even if your mother becomes a citizen. I recommend that you should discuss this problem with an immigration attorney so he or she could evaluate all the facts in the case and tell you what are your chances of receiving a pardon for your entry without inspection and your illegal stay in the U.S. for all these years (this pardon is called "waiver") Another subject you should discuss with an immigration attorney is whether you could apply for work permit under the program called DACA ("Deferred Action for Childhood Arrivals"). If you receive DACA, it will solve many of your problems. Finally, it might be possible to obtain the special immigrant juvenile status for you. It is never simple, but it might be possible to do in your case. After looking at all the details of your case, an immigration attorney would be able to tell you which of these programs you can qualify for, and which one is the best for you.
Answered on Dec 19th, 2013 at 1:18 PM