Green card process for mother was rejected

F

Fouad Abbasi

New Member
Hello
Me and my brother are citizens here and we we sponsored our mother to immigrate here and stay with us.
She is in Pakistan and her interview was two days ago and was rejected by them with a reason stating:
Attempted to stay illegally 2006-2010.
This was 8yrs ago. She was here in USA undergoing the immigration process while our father was back home. What immigration process? I think our dad hired a lawyer who was granting H1 through some company that was sponsoring them. A big mistake by our parents and the steps they had taken. Our dad only made visits from UAE when needed because of work. Our mom wanted to leave and be with him because of his health, but she prolonged her stay to meet immigration requirements and then finally gave up and left to be with him. It was an unfortunate event which led to our fathers death.
she has been alone for 8yrs and we really like her to be with us. We don’t have any other relative with us. We are 4 kids, spread across the globe, Australia, UAE and USA. We have been bouncing her between the kids. And we fear that at her age she should atleast be happy with us and her grand children.
Could somebody help us or recommend/advice us on our next steps please.
 
It seems probable from what you said that she’s currently under a 10-year ban for her illegal presence. Your best bet is likely to be a hardship waiver (I601) for the ban, definitely not certain of success though. Suggest you engage a competent immigration lawyer well versed in waivers. Unfortunately as sad as her circumstances are, children emigrating does often lead to this outcome, something many of us face and sympathize with. I’m not sure if either of the countries your other siblings reside in allow parental visas as an alternative to the US?
 
Begs the question, why is she alone in Pak when she has 4 kids? It does sound like a 10-yr bar, what code does the denial note she was handed say? Your post isn't clear about what immigration process she got herself embroiled in, or if she submitted any illegal documents to INS back then.

As Susie noted, with a US denial, has she looked at Australia or the UAE as alternatives? I can't speak for Australia, but Dubai/Sharjah seem welcoming with a large Pak expatriate community.
 
Hello
Thank you for the replies.
Yes we are 4 kids, 2 citizens of USA, 1 in Dubai(not a local citizen) and 1 in Australia (undergoingocal citizenship).
The denial letter shows
Visa symbol: IR5
Date
ISL #
Section 212(a)(9)B2
No other code available.
I am seeking the immigration lawyer my father was dealing with. I spoke to my mother and she replied saying she has their contact, I’m hoping they could shed some light and hopefully resume this process or atleast guide us on our next steps.
What’s frustrating is her kids who are citizens here are sponsoring her, this should be a no brainer despite her past. Even the history of occurrence should be overlooked but no they didn’t even bother corresponding with her or us to inform before hand, but instead made us fly her from Sydney to Pak, and then drive to the embassy to get rejected.
That county really is the pits. No wonder our parents shielded us abroad our entire life. The least we could do is shield our mom in return.
Thank you again I will keep looking for answers .
 
212(a)(9)(B)(i)(II) is unlawful presence over a year, which comes with a 10 year bar. It looks to me that she would have no choice but to wait out the remaining 2 years. You may try filing the I-601 waiver, but if I'm not mistaken, you will need a qualifying family member (a US citizen child does NOT qualify). Speak to a (very competent) lawyer to see if she has other options, but it looks to me that she would have to wait at least 2 more years until her ban is over.
 
Fouad Abbasi said:
Hello
Thank you for the replies.
Yes we are 4 kids, 2 citizens of USA, 1 in Dubai(not a local citizen) and 1 in Australia (undergoingocal citizenship).
The denial letter shows
Visa symbol: IR5
Date
ISL #
Section 212(a)(9)B2
No other code available.
I am seeking the immigration lawyer my father was dealing with. I spoke to my mother and she replied saying she has their contact, I’m hoping they could shed some light and hopefully resume this process or atleast guide us on our next steps.
What’s frustrating is her kids who are citizens here are sponsoring her, this should be a no brainer despite her past. Even the history of occurrence should be overlooked but no they didn’t even bother corresponding with her or us to inform before hand, but instead made us fly her from Sydney to Pak, and then drive to the embassy to get rejected.
That county really is the pits. No wonder our parents shielded us abroad our entire life. The least we could do is shield our mom in return.
Thank you again I will keep looking for answers .
Click to expand...

I think you’re not being honest with yourself regarding the assessment of your mom’s situation. Your mom lived illegally in the US for 4 years and you believe just because her kids who are now USC are sponsoring her this time around, an approval should be a no brainer!? For real? Her US history shouldn’t matter because her kids are now USC? She shouldn’t have to face the consequences of the illegal stay just because she now has naturalized sons?? Hmm no, immigration don’t work that way - there’s a reason immigration laws are put in place.

And no, they didn’t make you fly your mom from Sydney and drive to the embassy for nothing. You went through the process like everyone else requesting a visa is required to do. You attend an interview and come out with one of two options: approval or denial. They don’t correspond ahead of time with anyone to say, oh by the way we will be denying your petition - you attend the interview and get the response face to face. They’re not responsible for your decision to have your mom live in Sydney while her US immigration is pending in Pakistan.

I understand you’re disappointed by the outcome, but blaming the US immigration system and heaping your frustration on a duly implemented process is not right!
 
Fouad Abbasi said:
Hello
Thank you for the replies.
Yes we are 4 kids, 2 citizens of USA, 1 in Dubai(not a local citizen) and 1 in Australia (undergoingocal citizenship).
The denial letter shows
Visa symbol: IR5
Date
ISL #
Section 212(a)(9)B2
No other code available.
I am seeking the immigration lawyer my father was dealing with. I spoke to my mother and she replied saying she has their contact, I’m hoping they could shed some light and hopefully resume this process or atleast guide us on our next steps.
What’s frustrating is her kids who are citizens here are sponsoring her, this should be a no brainer despite her past. Even the history of occurrence should be overlooked but no they didn’t even bother corresponding with her or us to inform before hand, but instead made us fly her from Sydney to Pak, and then drive to the embassy to get rejected.
That county really is the pits. No wonder our parents shielded us abroad our entire life. The least we could do is shield our mom in return.
Thank you again I will keep looking for answers .
Click to expand...

Why should it be a no brainer despite her past? She broke the rules of the country she's now seeking immigration benefits from. (Ask yourself, if you lent $10,000 to someone who promised to return it but didn't, and they came back to ask for $50,000 more, would you loan it? Fool me once..)

And why should the history be overlooked? Rules exist for a reason! Anyone caught violating should expect to be penalized. I know Pak enforces it's visa/immigration rules, why shouldn't the US? I like that the US is enforcing it's rules, else all moochers would be exploiting it even further. She was rightfully denied!
 
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