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Subject: Re: I-140 & DS-156 Posted on: Thu, 18 Dec 2008 22:09:45 -0800

J. J. Farrell wrote on 12/18/08 16:41:

> Joe Feise (Immigration) wrote:
>> 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.
>
> They don't ask that on the I-94W


Oops. Yes, you're right. I was thinking about the question about having a visa
denied.
--
I am not a lawyer.
For reliable advice, consult a competent immigration attorney.
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