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Thread: me taking citizenship will impact my brother on H1?

      
  1. #1

    me taking citizenship will impact my brother on H1?

    Very soon I will be taking oath. My brother is on H1 and will be attending for visa stamping at the consulate. There is a question in the DS - 156 which asks if brother or sisters..etc.. have citizenship.

    If he provides my details in the form, is this going to be a problem for my brother in the sense that the Consular office may consider that my brother is going to US with an "intent to immigration"?

    Until his visa stamping is done should i postpone my oath ceremony?

    Any suggestions?

    Thanks.

  2. #2
    Join Date
    Aug 2006
    Location
    Dallas
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    I'm not a lawyer, but my understanding is that H-class visas can be "dual intent". Looking like you want to settle permanently is a bad thing in some non-immigrant (for example TN), but not so bad with an H.

    But, I may be blowing smoke here. Wait till some folks with more experience pipe in (I never had an H visa).

  3. #3
    Join Date
    Nov 2006
    Location
    Naperville, IL, USA
    Posts
    12,523
    Oats,
    H-1 visas allow "dual intent". I do not see your brother getting a hardtime just because you are naturalsing. Having said that, this does not eradicate any other obstacles your brother may face at the consulate. Hopefully none.
    Regards,
    S K Ghori
    skg@vex.net
    http://www.vex.net/~skg/

    **NOTE**
    I underwent the immigration process in both Canada and the US. I hold Pakistani, Canadian and US citizenship.

    **DISCLAIMER**
    I am neither a lawyer nor an immigration consultant. My comments should NEVER be considered as legal or professional advice as they are not meant to be such.

  4. #4
    Join Date
    May 2006
    Posts
    3,199
    Yes, H-1's can definitely be dual-intent, after all thats how many of us got here in the first place. If I were you, I would let things run their course, and definitely NOT try to delay your own oath ceremony. Everything will be fine.

  5. #5
    As everybody is saying H1 is a dual intent visa, with that in my mind, ask your brother not to suppress the fact in his visa application (i.e.) the brother is a not a US citizen.

  6. #6
    Join Date
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    Dallas
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    1,555
    The most important thing: always tell the truth!

  7. #7
    Quote Originally Posted by oats
    Very soon I will be taking oath. My brother is on H1 and will be attending for visa stamping at the consulate. There is a question in the DS - 156 which asks if brother or sisters..etc.. have citizenship.

    If he provides my details in the form, is this going to be a problem for my brother in the sense that the Consular office may consider that my brother is going to US with an "intent to immigration"?

    Until his visa stamping is done should i postpone my oath ceremony?

    Any suggestions?

    Thanks.
    Go ahead with you oath ceremony and become a U.S. citizen. Do not delay the oath. As far as your brother's H-1 Visa stamping is concerned it should not be a problem since "Dual-Intent" is allowed in H-1.

    If your delay your oath you will not be a U.S. citizen. However, your brother still has to mention on DS - 156 about you living in U.S. on a Green Card. Either way your brother has to reveal that you are in U.S. (Either as a Permanent Resident or Citizen)..

    In fact your being U.S. citizen puts in a stronger position with your senater/congressman.

    So my advice: Go to your oath and become U.S. citizen.

    NOTE: I am not a lawyer.

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