Legal Question in Immigration Law in Georgia

H1B visa: getting it stamped but have parents/siblings with greencard

Hi:

I came to the US as a visitor (B1/B2) in 2001 to attend my bro's graduation. Since he found his first job, he encouranged me to stay and study in the US and so did my parents so I changed my visa (in the US to F1). In 2006, my sister got her citizen ship and sponsored my parents who got their greencard in 2008. My one brother has greencard and the otherone has applied for one and they all are in the US. I finished my MS last year and now have an H-1B. I want to visit my country (Pakistan) to get married. Is it risky to go to Canada and get your visa stamped as all my siblings and parents are in the US and I have no immediate ties to Pakistan? Also, has laws changed and now you get only get visa stamped in Pakistan? Also, what is the estimate delay?


Asked on 6/29/09, 1:20 am

3 Answers from Attorneys

Daniel Hanlon Hanlon Law Group, P.C.

Re: H1B visa: getting it stamped but have parents/siblings with greencard

Dear Inquirer:

The Canadian consular posts all have different rules as to whether and what Third Country Nationals "TCNs" they will process for visa issuance.

I recommend that you email me at [email protected] or visit www.hanlonlawgroup.com if you would like to schedule a consultation to discuss this matter further.

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Answered on 6/30/09, 9:03 pm
Kendall Carter The Law Offices of Kendall W. Carter, LLC

Re: H1B visa: getting it stamped but have parents/siblings with greencard

You should have no problem moving back and forth with your H-1B visa, as long as it is still valid. As to the particular entry requirements of Canada and Pakistan, I cannot help you as that is outside of my expertise. What have you heard regarding Canadian stamping that would make that process beneficial?

If you like, you may contact my offices to discuss the matter further.

This message is for general informational purposes only and is not intended as specific advice, nor does it create a relationship between sender and recipient as attorney and client.

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Answered on 6/29/09, 6:54 am
Elaine Martin Law Office of Elaine Martin

Re: H1B visa: getting it stamped but have parents/siblings with greencard

You could possibly get your H-1B visa stamped in Canada. H-1B status is dual-intent, so you can intend to be a permanent resident as wel as intend to be here temporarily. Therefore, having all your family in the US should not be a red flag.

If you have any immigration violations in your past, a consulate in Canada will probably refuse to issue you the visa and you would need to apply in your home country. You need to review your history carefully to make sure there have been no gaps in status or other violations.

As the prior poster said. you need to check the visa requirements for you to enter Canada. Please also note that there can be long delays waiting for security clearance in issuing visas. For an estimate of waiting time, but not including security delays, see here: http://travel.state.gov/visa/temp/wait/tempvisitors_wait.php

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Answered on 6/29/09, 10:40 am


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