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?
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.
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.
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.
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