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DS 160 Has anyone ever filed an immigrant petition on your behalf with the United States Citizenship and Immigration Services?

Denver, CO |

My ETA Form 9089 - Application for Permanent Employment Certification for green card has been filed.
Should I answer 'YES' or 'NO' to below question in DS160?
Has anyone ever filed an immigrant petition on your behalf with the United States Citizenship and Immigration Services?

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Attorney answers 4


The correct answer to this one is clearly "no".

While the ETA 9089 IS indeed an "immigrant petition" , the question you are referring to only asks about an immigrant petition filed with USCIS, and nothing else. A Form I-140 petition is meant here . Just answer the question asked here, and do not "volunteer" any information that is not being asked.

Behar Intl. Counsel 619.234.5962 Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.


As noted by my colleague the ETA9089 is filed with the Department of Labor. So unless an I-140 (or I-130) has been filed on your behalf the answer would seem to be no.

My answering this question does not form an attorney-client relationship. Always retain a qualified attorney before taking any action.



If I-140 is approved in a employer sponsored GC petition, it seems that one would obviously say 'YES' on DS-160 if they are going for a H1B stamping.


My colleagues are correct, no 'petition' appears to have been filed with USCIS.

Plus, depending on what type of non-immigrant visa you are filing for, this may be a non-issue.

If, for example, you are filing for an H, or L, the Consul doesn't care if you intend to immigrant ... actually, technically, they're not 'allowed' to care, nor deny a one of those visas because of immigrant intent.

You should talk to the lawyer that is working on the ETA-9089 for further clarification.

PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.


Depending on what visa you are applying for as mentioned by Attorney Capriotti. If its a dual intent visa you can mention in the interest of full disclosure that a PERM 9089 has been filed. If you are applying for a non-dual intent visa that this may actually hurt your chances since than the consular officer may conjure up your future immigrant intent to immigrate and deny your application. So need to know what visa your applying for BUT in general terms all the colleagues are correct, at this early stage of your application process no immigrant visa has ever been filed with USCIS for you.



Am filling DS160 for H1B visa stamping. So I think answer is 'No'

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