Overstay 24 years ago, not granted travel visa now

[doggyamy 0]

Hi, my mom just got denial for her travel visa in Hong Kong. She wish to come visit my graduation in May. I'm a US citizen but she's not. She wasn't plan to gave birth in the US 24 year ago, just trying to visit my aunt in the US when she was pregnant a little over 6 mo. Then one day she slept in the slippery shower room during 9 mo. pregnant, she then overstay because of my birth and of her back bone injury. We return to Hong Kong when I was 10 months old with my grandparents who was immigrant to the US, but choose going back to Hong Kong. My mom haven't apply to visit the US ever after then. The consulate deny her visa said because of her overstay and they think she might trying to immigrant to the US if they grant her a visa this time. They said because she had a US citizen immediate relative in the US (which is me). So, is there anything we can do at this point? She does not want to immigrant to the US at this moment because she needs to take care of my grandmother, my grandfather passed away in 2008. I do understand the overstay makes her record look bad and the fact that she gave birth in the US while granted a 5-year travel visa also look bad. But I really wants her to attend my graduation, is there anything we can do? Can I write a letter? or apply for a waiver?

Also, if 3 years later I wish to help my mom to immigrant to the US, will there be a hardship?

What can I do or what process should I follow?

My parents are divorced and she is all I have. I'm an only child, too.

Thank you for reading this lengthy question. I'd really appreciate it.

[Brother Hesekiel 2,236]

Hi, my mom just got denial for her travel visa in Hong Kong. She wish to come visit my graduation in May. I'm a US citizen but she's not. She wasn't plan to gave birth in the US 24 year ago, just trying to visit my aunt in the US when she was pregnant a little over 6 mo. Then one day she slept in the slippery shower room during 9 mo. pregnant, she then overstay because of my birth and of her back bone injury. We return to Hong Kong when I was 10 months old with my grandparents who was immigrant to the US, but choose going back to Hong Kong. My mom haven't apply to visit the US ever after then. The consulate deny her visa said because of her overstay and they think she might trying to immigrant to the US if they grant her a visa this time. They said because she had a US citizen immediate relative in the US (which is me). So, is there anything we can do at this point? She does not want to immigrant to the US at this moment because she needs to take care of my grandmother, my grandfather passed away in 2008. I do understand the overstay makes her record look bad and the fact that she gave birth in the US while granted a 5-year travel visa also look bad. But I really wants her to attend my graduation, is there anything we can do? Can I write a letter? or apply for a waiver?

I don't think there's anything you can do. The immigration people rightfully suspect that she wants to immigrate.

Also, if 3 years later I wish to help my mom to immigrant to the US, will there be a hardship?

What can I do or what process should I follow?

My parents are divorced and she is all I have. I'm an only child, too.

Thank you for reading this lengthy question. I'd really appreciate it.

Do you realize how the first part of your post crashes with the second part?

No, you can petition for your mom as an immediate relative, and I don't see any problems with that.

[doggyamy 0]

I don't think there's anything you can do. The immigration people rightfully suspect that she wants to immigrate.

Do you realize how the first part of your post crashes with the second part?

No, you can petition for your mom as an immediate relative, and I don't see any problems with that.

Thanks Just Bob.

I was not trying to crash my first part and second part.

My mom does not want to come now (means this moment or this two years) because she have to take care of my grandmother.

But I want her to come few years later in the future.

I notice there should be no problem for petition, the queston is will there be hardship for her to apply for greencard or obtain an immigrant visa after we did the petition.

Will the consulate deny her immigrant visa because of her overstay 24 years ago? because they deny her travel visa this time.

I'm sorry if I didn't make it clear the first time...didn't mean too.

[Darnell 8,479]

She will have some issues on the overstay, but if the PETITION is approved, be prepared to apply for a waiver for the VISA.

Suggest you write up a letter of attestation about it, include it in the I-130 submittal packet.

Good Luck !