Dual intent is a U.S immigration policy theory. It naturally refers to facts that specific United States visas permit foreigners to enter the country temporarily with lawful status and immigration intent. It allows those visa holders to be in the U.S whiles coincidentally seeking lawful permanent resident status (Green card status) at the port of entry. Otherwise, visa holders presumed to have dual intent get kept from entering the country (summarily excluded) as a matter of law. See l1 dual intent article for more detail.
A general requirement for non-immigrant eligibility is that aliens may not intend to stay permanently in the United States without imperiling their non immigration status. Once the consular or the Department of Homeland Security’s border review and suspect dual intent based upon inference, its grounds for termination of non-immigrant visas approved refusal of visa application, refusal of admission at the port of entry, refusal of readmission, or removal (deportation).
Also, once a border consular suspects that a visa holder is intentionally misinterpreting himself, then the application for entry to the United States may be permanently barred for visa fraud. Expect the foreigner is holding a dual intent status, they are subject to review for immigrant intent on each visit to the U.S.
Non-immigrant Visa That Supports Dual Intent
Several visa categories support dual intent upon entry the United States. These categories are;
- H-1b temporary workers in a specialty occupation
- H-4 dependents of H-1b workers
- L-1a intracompany transferees executives or managers
- L-1b intracompany transferees specialized skills
- L2 dependents of l1a & l1b
- O-1 aliens with extraordinary ability in sciences, art, education, business, or athletics
- O-3 dependents of O1 visa holders
- K-1 fiance(e)s of U.S
- K-2 dependents of k1 visa holders
- V dependents of U.S lawful permanent residents
Non-immigrant Visa That Don’t Support Dual Intent.
Here are the lists of visas that have a single intent and do not support dual intent:
- B-1/B-2 business or tourism
- TN NAFTA professionals( available only for Canadians and Mexicans)
- H-1B1 temporary workers in a specialty occupation from Chile and Singapore
- H-2A temporary agricultural workers
- H-2B temporary non-agricultural workers
- H-3 trainees or education exchange visitors
- E-1 treaty trader
- E-2 treaty investors
- E-3 Certain specialty occupation professionals from Australia
- F-1 academic students
- J-1 exchange visitors
- M-1 vocational students
Applying To Adjust Status On A Dual Intent Visa
Switching from non-immigrant to immigrant status while in the United States on a dual intent visa is straightforward. The visa category allows for non-immigrant and immigrant intent. A foreigner can apply for a green card while in the U.S in non-immigrant status. The process is known as; adjusting status.
The steps will depend on the type visa you hold. However, in all dual intent visa cases, filing an adjustment of status petition or starting the process will not impact visa holders’ ability to apply for new dual intent or extend their present visa validity. Let us help you with your immigration needs- abogados de inmigracion houston tx
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