I am on F3 class family-based immigration. My father-in-law is a US citizen. The priority date is current and I haven't proceeded further yet. Meanwhile we are waiting for the result of green card lottery in early May. My wife, kids and I plan to go to the US in summer. Does it do any harm if we enter the US with VWP/ESTA? We plan to stay in the US for only two week and return to my home country, and see how we should proceed for immigration.
The border officer will determine if you may enter the US with Visa Waiver Program (VWP) and a current priority date. It's possible.
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I don't know if you already registered through ESTA website, but you must disclose the petition, the pending visa application (perhaps at NVC?), family members, etc. Assuming you can successfully register with ESTA, it will come down to the discretion of the CBP officer to decide whether you have sufficient ties to your home country to warrant timely return (or whether you are going to overstay and seek adjustment, perhaps under 245(i) if you are from Mexico or the Philippines). If your priority is already "current," I'd stay put in your country and focus on finishing up the visa process.
DISCLAIMER: The answer provided above is for informational purposes only, should not be relied upon as legal advice, and does not form an attorney-client relationship.
My colleagues are correct.
Also, I suggest that you consult with an experienced immigration attorney about your case.
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