GC petition and visiting the US

[I612]

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?

 

[TheRealCanadian]

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?

At entry. Just because a visa isn't required doesn't mean that problems cannot occur at the POE. It is important that he can demonstrate that the VWP visit is temporary.

 

[I612]

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.

 

[TheRealCanadian]

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.

I wouldn't want to be the relative, when he or she is denying the existence of the I-130 to a CBP officer who has pulled it up on his computer terminal.

 

[Triple Citizen]

Yes it does make a difference. That relative might end up being a sitting duck!!! Spare him/her the surprise!!!

OK, to clarify, this petition is going to be done without the beneficiary knowing, does that make a difference.