Using Visa Waiver After Failed/Stopped Green Card Petition

[Michael2017 368]

Hi,

I have a question. What happens if someone from a Visa Waiver country applies for a green card (family based, married to a Green Card holder) and

a) Does not follow the process or stops the process based on own will.

E.g. during the process changes the mind and don't wish to integrate anymore.

b) The petition gets rejected e.g. due to missing US income of the petitioning wife (not criminal or health reasons).

Also, c) what if the green card is issued, but the person eventually loses it because he does not live in the USA,

or files for giving the green card back.

How does scenario a), b) and c) affect the ability to use the Visa Waiver?

[Unlockable 7,306]

From my understanding a person loses their VWP privileges once they apply for an immigrant visa.

For example, if you have been entering the USA using VWP then apply for a tourist visa you can never use the VWP again. Even if the tourist visa is denied.

Hopefully other VJ members with more knowledge can chime in.

[Michael2017 368]

Hi,

No, the petition alone does not lose the right. There are 100s of couples here who freely travel after applying for a immigrant visa.

However, what happens if the process is stopped or the green card is refused is unclear.

[Michael2017 368]

Regarding c) i was a LPR from 1982 through 1991. We relinquished GC when we chose to return to Australia.. it was a voluntary relinquishment, not at the direction of USCIS or border officer. Since then we have travelled many times into the US on VWP, sometimes 4 times a year to visit family there. Never had any questions or challenges, never been sent to secondary inspection.

Great, this information helps already largely!