What Are Dual Intent Visas?

Nonimmigrant visas have various aspects. One, in particular, is the dual intent visa. You might have encountered it when applying for a temporary (nonimmigrant U.S. visa). It is best to understand dual intent since it impacts your visa choice and your application for a U.S. green card.  Below is an in-depth look at dual-intent visas and their relevance in the U.S. immigration process. 

A Brief Description of Dual Intent Visas

Dual intent visas allow foreign nationals to enter the United States temporarily with the option to pursue permanent residency in the future. This means that the visa holder can enter the United States for a specific temporary purpose, like work or study, but also intend to stay permanently and apply for a green card.

Examples of dual intent visas include the H-1B visa for skilled workers, the L-1 visa for intra-company transferees, and the O-1 visa for individuals with extraordinary ability in science, education, athletics, business, or arts.

Dual intent visas can benefit foreign nationals who wish to pursue long-term opportunities in the United States without jeopardizing their temporary status or being denied entry due to their intent to immigrate permanently.

When Your Ultimate Goal is Obtaining a U.S. Green Card

If you want a U.S. Green Card, then dual intent visas could be a suitable option. Dual intent visas allow foreign nationals to enter the United States temporarily with the intent to pursue permanent residency in the future. This means you can apply for a dual intent visa even if you eventually plan to apply for a Green Card.

However, it is worth noting that simply holding a dual intent visa does not guarantee that you will be approved for a Green Card. There are many factors the immigration department takes into account in the Green Card application process.

The doctrine of dual intent pertains to the intention of non-U.S. nationals regarding their stay in the United States. If they intend to stay in the U.S. for a temporary period, for example, to work or for education, and then return to their home country, they qualify for a temporary visa. Their intent is considered "nonimmigrant intent."

Conversely, if they plan to stay and live in the U.S. permanently, they are said to have "immigrant intent," which can be problematic. Most nonimmigrant visa categories require applicants to demonstrate nonimmigrant intent by providing evidence of maintaining a residence abroad, having family abroad, or planning to leave the U.S. for specific reasons. However, a few nonimmigrant visas allow for dual intent, which allows foreign nationals to have both nonimmigrant and immigrant intent simultaneously.

Dual intent visas benefit those who hope to obtain a Green Card while also staying in the U.S. on a temporary visa. Although single-intent visa holders can acquire a Green Card eventually, they will need to be cautious and consider timing considerations.

Proving Intent to Return Home After Completing Your Studies in the U.S.

Proving intent to return home after studying in the U.S. is essential for nonimmigrant visa applicants. The immigration department focuses on particular factors that demonstrate this intent. Here is a look at the key aspects:

• Strong ties to home country — You can show strong links to your home country by offering evidence of a job offer or a family that depends on you. These ties will compel you to return to your home country.

• Return ticket — Buying a return ticket that indicates your plan to leave the United States once your studies or program is complete is another way to show that you intend to return home.

• Financial ties — You can provide evidence of financial links to your home country. You will need to provide a bank account statement, investments, or property you own in your home country. These will indicate that you have a stake in returning to your home country.

• Letter of intent — A letter of intent explaining your reasons for coming to the U.S. and your plan to return home after your studies is an excellent way to demonstrate your plan.

• Evidence of previous travel — If you have previously traveled to other countries and returned home, you can provide evidence of these trips. The department will require passport stamps to demonstrate your pattern of returning home after traveling.

Note: Each case is unique, and the evidence required to prove intent could vary. Therefore, it is best to consult an immigration attorney.

Nonimmigrant Visa Statuses that Allow Dual Intent

Several nonimmigrant visa statuses in the United States allow dual intent. This means that foreign nationals can simultaneously have nonimmigrant and immigrant intent. Here are some common nonimmigrant visa statuses that authorize dual intent:

• H-1B — This visa is for foreign workers in specialty occupations and is valid for up to six years. Many H-1B holders use this visa as a stepping stone to obtaining lawful permanent residency (LPR) in the U.S.

• H-4 — These visas are a type of dependent visa issued to spouses and unmarried offspring under 21 years of age of H-1B visa holders who are foreign workers in the US. H-4 visa holders are allowed to live in the US. However, they are not authorized to work unless they obtain a separate work visa or work authorization through particular circumstances, including securing an EAD (Employment Authorization Document).

• L-1A and L-1B — These visas are for intra-company transferees who work for a company with a branch, subsidiary, or affiliate in the United States. The L-1A visa is for managers and executives, and the L-1B visa is for employees with specialized knowledge. L-1 visa holders can apply for Lawful Permanent Residents (LPR) status without changing to a different visa.

• L-2 — Dependent visa issued to the spouses and unmarried offspring under 21 years of age of L-1 visa holders. L2 visa holders are allowed to live in the US. Like H-4 visa holders, they can also apply for an employment authorization document (EAD) to work in the US.

• E-1 and E-2 — These visas are for treaty traders and investors who engage in substantial trade between their home country and the United States. E-visa holders can apply for LPR status without changing to a different visa.

• O-1 — This visa is for individuals with extraordinary abilities in science, education, athletics, business, or arts. O-1 visa holders can apply for LPR status without changing to a different visa.

• P-1 — This visa is for athletes, artists, and entertainers participating in an internationally recognized event or performance. P-1 visa holders can apply for LPR status without changing to a different visa.
• V visa — A temporary visa allows certain spouses and children of lawful permanent residents (LPRs) to live and work in the U.S. while waiting for their green card applications to be processed. V nonimmigrant visas are temporary and generally valid for one year, after which the visa holder needs to adjust their status to permanent residence or leave the country.
• K visas— They allow a U.S. citizen's fiancé(e) or spouse to enter the U.S. to get married or join their U.S. citizen spouse. There are two types of K visas: the K-1 visa for a fiancé and the K-3 visa for spouses.

It is worth noting that having dual intent does not guarantee that a nonimmigrant visa holder will obtain LPR status or be approved for adjustment of status. Each application for a visa or immigration benefit is evaluated on a case-by-case basis, and approval depends on meeting all eligibility requirements.

U.S. Nonimmigrant Visas That Prohibit Dual Intent

Most nonimmigrant visa statuses require nonimmigrant intent. The visa holder must intend to leave the U.S. at the end of their authorized stay. Here are some common nonimmigrant visa statuses that do not allow dual intent:

• B-1/B-2 visitor visa — This visa is for individuals visiting the U.S. for business or pleasure. It is typically issued for up to six months and does not allow for dual intent.

• F-1 student visa — This visa is for foreign students who wish to study in the U.S. It is usually issued for the duration of the student's program and does not allow for dual intent. However, F-1 visa holders could transition to a dual intent status if they are sponsored for employment after graduation.

• J-1 exchange visitor visa — This visa is for individuals participating in an approved exchange program, like a student exchange or a work and travel program. It is usually issued for the duration of the program and does not allow for dual intent.

• H-1B specialty occupation visa — This visa is for foreign workers in specialty occupations and is usually sponsored by a U.S. employer. While it does not allow for dual intent, H-1B visa holders can apply for a green card through their employer's sponsorship.

• E-1 visa — For foreign nationals coming to the U.S. to engage in substantial trade between their home country and the U.S.

• E-2 visa — For foreign nationals coming to the U.S. to invest significant capital in a U.S. business.

• TN Visa — This visa is available to Canadian and Mexican citizens seeking temporary entry to the U.S. to work in specific professional fields. While it does not allow for dual intent, TN visa holders can transition to a dual intent status if they are sponsored for a green card by their employer.
• M-1 — Issued to foreign nationals coming to the United States to attend vocational or non-academic programs.

Applying to Get a U.S. Green Card (Adjust Status) While on a Dual Intent Visa

If you are in the United States on a nonimmigrant visa that allows dual intent, you could apply for an adjustment of status to permanent residence (a green card) without leaving the country. This is because you can have both immigrant and nonimmigrant intent while on a dual-intent visa.

To adjust your status, you must meet the eligibility criteria for a green card and apply with the USCIS (U.S. Citizenship and Immigration Services). This typically involves submitting various forms and supporting documents, attending a biometrics appointment, and attending an interview with USCIS.

While dual intent visas allow for adjusting status, it is not guaranteed. The USCIS determines your eligibility for a green card. It considers your immigration history, criminal record, and financial situation to determine your eligibility.

How to Prepare and Send Adjustment of Status Application to USCIS

Preparing and submitting an adjustment of status application to USCIS can be a complex process. Here are some general steps to follow:

• Determine eligibility — You must first determine if you can apply for an adjustment of status based on your circumstances. Consider your immigration category, whether you are in lawful status, and whether you have a qualifying family relationship or employer sponsorship.

• Gather supporting documents — You will need to gather various supporting documents, including birth certificates, marriage certificates, and police certificates. You also need to obtain medical examinations from a USCIS-approved physician.

• Complete forms — You will need to complete various USCIS forms, like Form I-485, Application to Register Permanent Residence or Adjust Status, and Form I-864, Affidavit of Support.

• Submit filing fees — You must pay the required filing fees when submitting your application.

• File your application with USCIS — You can file your application either by mail or electronically, depending on your eligibility and the specific forms you are filing. Be sure to follow the instructions carefully, and keep copies of all documents and forms for your records.

• Attend biometrics appointment — After you file your application, you will be scheduled for a biometrics appointment at a USCIS Application Support Center (ASC), where your fingerprints, photograph, and signature will be taken.

• Attend USCIS interview — If your application is accepted, you will be scheduled for an interview with a USCIS officer. You will be asked questions about your application and your eligibility for a green card.

Attempting to Adjust Status While on a Non-Dual Intent Visa

Adjusting status while on a non-dual intent visa can be challenging because having immigrant intent can jeopardize your non-immigrant status. This is because dual intent visas allow temporary stays in the United States for specific reasons. If a person enters the United States on a non-dual intent visa and later decides he/she wants to stay permanently, they could be viewed as having misrepresented their intentions when they first applied for the visa. This could lead to a denial of their adjustment of status application.

However, it is not impossible to adjust the status of a non-dual intent visa. It is possible to obtain a waiver of the nonimmigrant intent requirement based on certain factors, including changes in circumstances or unforeseen events after the visa was issued.

Last Option for Single Intent Visa Holders: Leaving the U.S. for a Time and Applying Through a U.S. Consulate

One last possibility for single-intent visa holders who wish to obtain a green card is to leave the U.S. and apply through a U.S. consulate in their home country or another country outside the United States. By doing so, they can avoid issues related to maintaining their single-intent status and demonstrating immigrant intent while in the United States. However, this option is only available or feasible for some. It can also involve a longer processing time and additional requirements.

Consular Processing Procedures

Consular processing is the procedure foreign nationals must follow when applying for an immigrant visa at a U.S. consulate or embassy outside the United States. The process involves several steps, including the initial submission of an immigrant visa petition, an interview at the consulate, and the issuance of an immigrant visa.

The first step in the process is to have a U.S. citizen or lawful permanent resident sponsor the foreign national by filing an immigrant visa petition on their behalf. The petitioner must provide evidence of their relationship to the foreign national and their ability to support them financially. Once USCIS approves the petition, it is sent to the National Visa Center, which will handle the rest of the process.

The National Visa Center will notify the foreign national and their sponsor when it is time to start the consular processing by submitting various forms and documents. These could include an application for an immigrant visa, biographic data, police certificates, and a medical examination report.

After the documents have been reviewed and accepted by the consulate, the foreign national will be scheduled for an interview with a consular officer. During the interview, the officer will ask the foreign national questions about their background and reasons for immigrating to the United States. The officer will also review their documents and could request additional information or documents.

If the officer approves the application, the foreign national will receive an immigrant visa, allowing them to enter the United States as a permanent resident. They must enter the U.S. within the time frame specified on the visa, usually six months from the date of issuance. Upon entry, they will be lawful permanent residents and could obtain a green card.

Consular processing can take several months or longer, depending on the complexity of the case, the consulate's workload, and the foreign national's circumstances. It is best to follow all the instructions and requirements carefully to avoid delays or denials.

Contact an Los Angeles Immigration Attorney Near Me

Applying for citizenship in the United States is an elaborate process. It requires the assistance of an immigration attorney. An attorney will help ease the process and increase your chances of obtaining permanent residency. However, the final decision on whether you qualify rests with the USCIS. Contact the California Immigration Attorney team for assistance at 424-789-8809. Let us evaluate your case and guide you through your options.