Pacifica Legal Services | Floyd Fernandez
The short answer is that she can petition for you, but as a child over 21, you would be given a priority date, which is the date your mother would file for you. Your status would be that of an adult child of a legal resident, which is preference level 2B, according to the USCIS, that would give you a waiting period at this point of about 8 years, unless you are from Mexico, India, China, or the Philippines, in which cases the wait is much longer. However, you may have changed circumstances that will allow you to substitute a later petition for your mother's (marriage to a U.S. citizen, for example). If you wish to discuss the matter further in an in person or phone consultation, please don't hesitate to e-mail or call.
Answer Applies to: California
Law Offices of Caro Kinsella | Caro Kinsella, Esq.
Your mom as a green card holder can file I-130 for her child as long as child unmarried. However you would have to wait a minimum of three years before your visa number is current. Furthermore, if you have no legal status then when your visa is current then you would have to leave the U.S. To get your greencard. If your mom was a citizen, you still would have to wait because you are over 21yrs.
Answer Applies to: Florida