Columbus, GA Immigration Law Firms & Lawyers

There is no migration to the USA except from various parts of the country inside the USA. She will eventually lose her LPR status once she stayed outside the USA long enough for her to be deemed to have abandoned her residency. How long is long enough would be a good queestion but that one cannot be answered without looking more closely into the situation at hand. 

Significantly more information is needed in order to provide a legal analysis. Generally, however, if you are a U.S. citizen and your husband entered the U.S. lawfully and with inspection, then you and he may succeed in a marriage-based adjustment of status application process notwithstanding that you are unemployed (and notwithstanding that your husband may have overstayed his initial visa and/or may have worked without authorization). If you do not have sufficient documentable income to meet the legal requirements, then it may be necessary to have a joint sponsor in the application process. Generally any U.S. citizen or Permanent Resident who has sufficient documentable income and who is willing to assume the responsibilities specified in the Affidavit of Support may serve as a joint sponsor. There really is no substitute for you and your fiance to consult with an immigration attorney who, after learning all of the relevant information, could advise about eligibilities, options and strategies to attain your goals, and who then could offer legal representation in the often complex application process.

Generally a U.S. citizen age 21 or older may sponsor a parent to attain Permanent Resident status in the Family-based Immediate Relative visa category, and if the parent is located abroad, the process used is called "consular processing." There are many details that determine eligibility. It would be wise for you and your mother to consult with an immigration attorney who, after learning all of the relevant details, could advise about immigration eligibilities, options and strategies, and could offer legal representation in the often quite complex application process.