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#1
30th March 2009, 01:40 AM
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GC petition and visiting the US
I couldn't find the answer through search, so if anybody knows anything it would be appreciated.
Posting for a friend who lives in Europe; does not need a visa to visit with European passport, but wants to have Green card petition through citizen relative. I know this normally would break the "intention to stay" rule for a visitor visa, but the question is since there is no need for a visa to visit anyways, is there any place in the process that the intention of staying question would jeopardize the regular visits?
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EB2 PERM I-140/485/EAD/AP on 10/2006 I-140 Approved FP x 2, for me and spouse I-485 approved 3/2008 with the 180 day memo NC still pending as of 3/2008! 
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#2
30th March 2009, 01:44 AM
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Quote:
__________________
------------------------------------ IMPORTANT NOTE: I am a Volunteer Moderator - one of you. I am not a lawyer. So act accordingly. PD: 9/12/2000 (EB3/VA/RIR/Canada) I-140 RD: 12/22/2000 I-140 AD: 7/16/2001 RD: 8/28/2001 ND: 10/26/2001 FP1: 1/31/2002 RFE: 8/2/2002 RFE RD: 8/28/2002 TD: 10/22/2002 FP2: 6/19/2004 ID: 07/15/2004 AD: 07/15/2004 CO: 08/18/2004 CR: 08/23/2004 N-400 RD: 05/21/2009 FP: 06/13/2009 CFR: 08/05/2009 IL: 08/21/09 ID: 10/7/09 USC: 10/8/09
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#3
31st March 2009, 09:28 PM
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OK, to clarify, this petition is going to be done without the beneficiary knowing, does that make a difference. It is the family's way of safeguarding this person's future option to join them in US, even though the beneficiary is not interested. Is there any reason that this would prevent the beneficiary from using the VWP.
__________________
EB2 PERM I-140/485/EAD/AP on 10/2006 I-140 Approved FP x 2, for me and spouse I-485 approved 3/2008 with the 180 day memo NC still pending as of 3/2008!
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#4
31st March 2009, 09:46 PM
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Quote:
__________________
------------------------------------ IMPORTANT NOTE: I am a Volunteer Moderator - one of you. I am not a lawyer. So act accordingly. PD: 9/12/2000 (EB3/VA/RIR/Canada) I-140 RD: 12/22/2000 I-140 AD: 7/16/2001 RD: 8/28/2001 ND: 10/26/2001 FP1: 1/31/2002 RFE: 8/2/2002 RFE RD: 8/28/2002 TD: 10/22/2002 FP2: 6/19/2004 ID: 07/15/2004 AD: 07/15/2004 CO: 08/18/2004 CR: 08/23/2004 N-400 RD: 05/21/2009 FP: 06/13/2009 CFR: 08/05/2009 IL: 08/21/09 ID: 10/7/09 USC: 10/8/09
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#5
1st April 2009, 01:16 PM
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Yes it does make a difference. That relative might end up being a sitting duck!!! Spare him/her the surprise!!!
Quote:
__________________
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.
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