Illegally staying brother. Will this affect a citizenship application?

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patel1971

New Member
A girl friend of mine has a brother who has been staying in the U.S. illegally for the past 12 years. She came here on a tourist visa 7 years ago. This tourist visa was obtained 15 years ago. Eventually she found a job and had a change of status to an H1B visa and eventually got her green card. In all her applications for visas, green card, etc. she never mentioned her brother for fear of her brother being deported or her application (be it GC or H1B) being denied because of him. So if the application asks if a Brother/Sister is living in the U.S., she would always put "none".

She did get her green card eventually. Now, she approached me with this problem. She will be applying for citizenship in a few years. The USCIS will be doing an extensive background check on her. Will this compromise her application?
 
patel1971 said:
A girl friend of mine has a brother who has been staying in the U.S. illegally for the past 12 years. She came here on a tourist visa 7 years ago. This tourist visa was obtained 15 years ago. Eventually she found a job and had a change of status to an H1B visa and eventually got her green card. In all her applications for visas, green card, etc. she never mentioned her brother for fear of her brother being deported or her application (be it GC or H1B) being denied because of him. So if the application asks if a Brother/Sister is living in the U.S., she would always put "none".

She did get her green card eventually. Now, she approached me with this problem. She will be applying for citizenship in a few years. The USCIS will be doing an extensive background check on her. Will this compromise her application?
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I don't think the brother will have any impact on her natz, but it is important she not lie (anywhere) on the N-400 application.

There will probably be trouble if she overstayed her visitor visa before getting H1B.
 
She has already lied on her past applications to USCIS. So why will that not affect her current application? Was that behaviour not "immoral". No doubt she did not benefit from the lieing, but she did lie to a government agency in the past.

I think she should consult a lawyer.

boatbod said:
I don't think the brother will have any impact on her natz, but it is important she not lie (anywhere) on the N-400 application.

There will probably be trouble if she overstayed her visitor visa before getting H1B.
Click to expand...
 
brb2 said:
She has already lied on her past applications to USCIS. So why will that not affect her current application? Was that behaviour not "immoral". No doubt she did not benefit from the lieing, but she did lie to a government agency in the past.
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Possibly, but I wasn't ready to make that judgement from what little was written. Does seem possible though.

brb2 said:
I think she should consult a lawyer.
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I agree!
 
There is a question on the N-400 form that states have you ever given false or misleading information to a US Govt offical to get immigration benefits?

I guess if u check no which would be the incorrect option could lead into much bigger problems with US Immigration.
 
Go get a lawyer.

The good thing is that the false information had nothing to do with your immigration status, only that of your brother. That *may* allow you to truthfully check "no" on the "Have you ever given false or misleading information to a US Govt offical to get immigration benefits?" question

Don't take my word for it, though - get a real legal opinion
 
Patel1971,
Please respond after you go thru the process. I have almost similar situation, and I would like to know what happens.

If anyone has same experience or attorney's suggestions and gone thru good or bad please post your experience here, this helps people seeking similar kind of situation.

Thanks
 
As far as I know, if she ever assisted her brother in staying her, somehow she could have trouble in her application. That is in theory though. I think in terms of practical terms, judging by how things are getting unfair in this country, when USCIS realizes she's got a brother who is an illegal alien she may receive her greencard right away, with honors, special cerimonies, etc.


patel1971 said:
A girl friend of mine has a brother who has been staying in the U.S. illegally for the past 12 years. She came here on a tourist visa 7 years ago. This tourist visa was obtained 15 years ago. Eventually she found a job and had a change of status to an H1B visa and eventually got her green card. In all her applications for visas, green card, etc. she never mentioned her brother for fear of her brother being deported or her application (be it GC or H1B) being denied because of him. So if the application asks if a Brother/Sister is living in the U.S., she would always put "none".

She did get her green card eventually. Now, she approached me with this problem. She will be applying for citizenship in a few years. The USCIS will be doing an extensive background check on her. Will this compromise her application?
Click to expand...
 
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