adamas

I am living in the UK and I am being sponsored for an EB green card by my current employer, which has its headquarters in the US. Currently, my PERM has been filed and is pending.

In the past 18 months, I have spent about 3 months in the US on 4 different business trips, under VWP, and was always admitted with no issues or any restrictions by the CBP officer.

In the next future, my employer wants me to go there on business visits again on VWP.

However, I am quite worried that my past and/or my future trips can jeopardize the green card application. Is this something that is checked by USCIS, consular officers, or whoever is responsible, at any stage of the green card process? Could the green card be denied for these reasons?

Thanks.

Pulaski

It's a complete and utter non-issue having a green card application in progress and visiting the US on the VWP. You have nothing to worry about, neither whether you'll be admitted, nor if it will affect your GC application in the slightest - it won't.

The CBP immigration officer at your port of entry will be able to see your visa/GC application, but that has no bearing on your VWP visit - in fact it means you are familiar with the "right way to do immigration", and you are actually a lower risk for abusing the VWP.

adamas

Thanks Pulaski, that is reassuring.

Pulaski

You're welcome, and BTW I added to my post above, .... just a bit more "colour ".

adamas

I was not expecting the CBP officer to be able to see the green card application...

Anyway, my main worry was further along the green card path, at the consular processing stage, and I was concerned that NVC or the consular office could question my previous VWP trips to the USA, in terms of frequency and duration, potentially denying the green card based on that.

Pulaski

No, you have nothing to worry about there, unless you overstayed long enough to be given a ban from reentry. Visiting frequently and/or for upto 90 days on the VWP is entirely legal so has no bearing on any visa applications.

Twinkle0927

They would pretty much expect that someone who has been selected by an employer to work for them in the US will have been at least once. It would be madness to uproot everything for a life in a country you have not even seen.

I think the consular officer would be more surprised if you hadn't ever been here.

iarnell

Not just familiar with the "right way to do immigration" - financially invested in doing it the right way.

I spent the entire year my green card was being processed with valid VWP stamps in my passport - multiple entries within the same 90 day window and further entries just days after the previous stamps expired. Was never an issue at the border and never came up at the consulate interview.