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Subject: Re: I-140 & DS-156 Posted on: Wed, 17 Dec 2008 20:03:00 -0800

My interest wrote on 12/17/08 08:18:

> On Dec 17, 10:42 am, "Joe Feise (Immigration)"
> wrote:
>> My interest wrote on 12/17/08 07:12:
>>
>>> just to clarify my previous post. - Will a previous approved I-140
>>> have any impact on future Visa Waiver Program eligibility? Thanks
>> Yes, it will.
>> --
>> I am not a lawyer.
>> For reliable advice, consult a competent immigration attorney.
>
> Even if, essentially the I-140 is useless (i.e. the employment is
> terminated)? If so, is there any way to "cancel" the I-140 for the
> purpose of eliminate any potential (negative?) impact for VWP
> eligibility?


No, it is not possible to cancel it.
Non-immigrant forms, including the green I-94W for the visa waiver, have a
question "Has an immigrant petition EVER been filed for you?"
Of course, it is not impossible to get a non-immigrant visa or be admitted on
visa waiver once an I-140 has been filed for a person. You "just" have to
convince the officers that you don't have immigration intent anymore, e.g.,
through ties to your home country, etc.
--
I am not a lawyer.
For reliable advice, consult a competent immigration attorney.
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