Since your I-94 has expired (i.e., your B2 status has expired), you are out of status, even if your initial visa hasn't expired (the visa is only for applying for entry into the U.S., it's the stay in the U.S. on your I-94 that determines your status in the U.S.). You mentioned that your Permanent Resident mother has filed an I-130 petition for you, In your question, you didn't mention your age, which is important, because it would determine under which preference category your petition falls . Also, you didn't mention which country you are from, because the priority date in each preference category depends on which country you are from. All of this is only important if for example, you are under 21 and your mother has a way to become a U.S. citizen, so that you could become an "immediate relative" under immigration law. For a person who is *not *an immediate relative (e.g., son or daughter of a permanent resident over 21 years of age), to file an application for adjustment of status ("Greencard"), that person must be in status, and must not have been out of status at any point of their stay in the U.S. For immediate relatives (that is spouse, child under 21 years of age, or a parent, of a U.S. citizen), there is an exception to this rule. That is, a person who is an immediate relative, that person can file for adjustment of status even if they are out status. So in your case, it's important to determine if you can qualify as an immediate relative, otherwise you would not be eligible to file an application for adjustment of status.
Answered on Jul 09th, 2013 at 9:38 AM