For non-U.S. citizens navigating the complex U.S. immigration system, understanding dual intent is essential. This concept involves the adjustment of status for individuals transitioning from nonimmigrant to permanent resident. Misunderstanding dual intent can lead to negative consequences, jeopardizing your green card process. In this ultimate guide, we will explain what dual intent visa in U.S. immigration is all about.
Introduction to Dual Intent
- Non-Intending Visa Categories; During free and orderly movement, each country must ensure that they admit immigrants who do not intend to be a dual immigrant or a dual citizen while in the host country.
- Immigrant Visa Spouse: Complete the Adjustment of Status Process to be granted a U. S Green Card
- Single-intent visa holders: include visitors on business, tourists, and those traveling for other purposes in that special arrangement or capacity.
Changes and Alternative: Adapting to Consular Processing
Introduction to Dual Intent
This guide examines dual intent within U.S. immigration law, focusing on individuals seeking residence in the United States. It highlights the difference between those who intend to stay temporarily—such as for work or study—and those aiming for permanent settlement. The former is associated with a “nonimmigrant intention” visa, while the latter is commonly known as an “immigrant visa.”
For example, if you accept a job offer in the U.S. for three years and plan to return home afterward, you demonstrate nonimmigrant intent since your stay is temporary. Clearly expressing this intent during your visa interview can enhance your chances of receiving a U.S. entry visa.
Conversely, individuals wishing to permanently reside in the U.S. have an immigration purpose. While many nonimmigrant visa categories require proof of nonimmigrant intent, some visa types allow dual intent, enabling holders to pursue both nonimmigrant and immigrant options.
Determining Your Desire for a U.S. Green Card
Your journey to obtaining a U.S. green card starts with a key question: Do you want to become a legal permanent resident? If so, the following advice is for you. Your answer will guide you in selecting the right visa type for your current or future travels. Let’s explore your options:
If you plan to stay in the U.S. temporarily for work, study, or other obligations, a nonimmigrant visa is suitable for your needs. These visas serve nonimmigrant purposes and help you visit without complications when applying for a green card later.
However, if your goal is to secure a green card, demonstrating your immigrant intent is crucial. While this doesn’t eliminate the possibility of obtaining a green card later, it requires careful planning and adherence to the appropriate visa types.
Visa Categories Allowing Dual Intent
Of high importance, most of the U. S. visa categories allow dual purpose in a manner that permits individuals to apply for prospects for temporary stays and at the same time consider the options available for immigration. These categories include:
- H-1B: Seasonal employment in a profession that requires the use of academic learning.
- H-4: Holders of H-1C visa; Spouses and children below 21 years of the H-1B visa holder.
- L-1A: Employees in Singapore who are hired by their overseas branches or shipboard personnel returned to perform duties in branches outside Singapore.
- L-1B: Intracompany transferees with specialized knowledge Concerning the three categories of participants identified in the HRM models, intracompany transferees with specialized knowledge can be viewed as the participants of the HRM models.
- L-2: Family members of L-1A or L-1B workers, who have dependent status and may include the spouse or unmarried child below the age of 21 years.
- O-1: To qualify for an EB-1 visa, the applicant must meet one of the following criteria: He or she is an alien with extraordinary ability in sciences, arts, education, business, or athletics.
- O-3: O-2 visa: Attendants, technicians, or other personnel whose services are essential in connection with the activities of an O-1 visa holder. O-3 visas: Dependent spouse or child under 21 years of age of an O-1 or O-2 visa holder.
Other Visa Types
- K-1: Spouses of US citizens.
- K-2: This entry indicates dependents of the K-1 visa holder, which include unmarried individuals below 21 years of age without any children.
- K-3: Fiancés of U. S. citizens; All other immigrants considered in the remaining categories.
- K-4: Employees (K-3 spouses) Spouses and dependents (unmarried children under 21) of K-3 visa holders.
- V: Other relatives of U.S. lawful permanent residents, namely spouses and unmarried children under the age of 21.
Temporary visas with dual intention allow a great opportunity to employ those applicants who want to change their immigration status from temporary to permanent with the use of green card programs based on the employer’s decisions.
Visa Categories Not Allowing Dual Intent
Conversely, several nonimmigrant visa categories do not permit dual intent and require individuals to maintain nonimmigrant intent throughout their stay in the U.S. These categories include:
- B-1/B-2: Business or tourism visitors.
- TN: NAFTA professionals.
- H-1B1: Temporary workers in a specialty occupation from Chile or Singapore.
- H-2A: Temporary agricultural workers.
- H-2B: Temporary non-agricultural workers.
- H-3: Trainee or special education exchange visitors.
- E-1: Treaty traders.
- E-2: Treaty investors.
- E-3: Certain specialty occupation professionals from Australia.
- F-1: Academic students.
- J-1: Exchange visitors.
- M-1: Vocational students.
These visa holders are expected to adhere to their nonimmigrant status and plan to return to their home countries upon completion of their U.S. activities.
Adjusting Status to Obtain a U.S. Green Card
Transitioning from a nonimmigrant to an immigrant status while on a dual intent visa is a relatively straightforward process. Given that dual intent visas inherently accommodate both nonimmigrant and immigrant aspirations, foreign nationals can initiate the green card application process while residing in the U.S. under nonimmigrant status. This process is formally known as “adjusting status.”
The specific steps involved in adjusting status may vary based on the type of nonimmigrant visa held. However, across all dual intent visa categories, commencing the green card application or adjustment of status will not impact an individual’s ability to apply for a new dual intent visa or extend the validity of their current visa.
Considerations for Single Intent Visa Holders
For individuals holding single-intent visas, particularly those with no immediate intentions of pursuing permanent residency, navigating the path to a U.S. green card can be intricate. These visa holders must avoid harboring immigrant intent during their initial visa application process. This is crucial to maintain their nonimmigrant status, as any indication of immigrant intent can lead to complications.
Suppose a single intent visa holder later contemplates obtaining a green card. In that case, they must ensure that they did not take any affirmative steps toward this goal during their initial visa application. The timing of such intentions becomes essential, as applying for a green card while holding a single-intent visa can raise questions about the individual’s original intentions upon entering the United States.
Exploring Consular Processing as an Alternative
For single-intent visa holders who later develop immigrant intent, consular processing provides an alternative route to apply for a U.S. green card. Unlike adjustment of status, consular processing involves applying for a green card through a U.S. consulate in the individual’s home country. While this approach may require extended periods outside the United States and may disrupt work commitments, it serves as a viable option for those unable to adjust their status while in the U.S.
Advantages of Dual Intent Visas
The primary benefits of holding a dual intent visa include:
- Job Security: Holders can remain in the U.S. while their green card application is pending, avoiding the need to leave the country and potentially lose employment.
- Flexibility: Individuals can adjust their status without jeopardizing their current visa status, even if they initially entered the U.S. with nonimmigrant intent.
- Reduced Scrutiny: Unlike single intent visa holders, dual intent visa holders do not face rigorous questioning regarding their immigration intentions upon re-entry into the U.S.
Switching from a non-dual intent to a dual intent visa while in the U.S
Eligibility for Dual Intent Visas:
Not all nonimmigrant visas allow for dual intent. Common dual intent visas include the H-1B, L-1, O-1, and certain family-related visas. If you currently hold a non-dual intent visa (like a B-1/B-2 visitor visa or an F-1 student visa), you would need to change your status to a visa category that permits dual intent.
Adjustment of Status:
If you are eligible for a dual intent visa, you can apply for an adjustment of status while remaining in the U.S. This process allows you to transition from your current nonimmigrant status to a dual intent status without having to leave the country.
Application Process:
- File a New Petition: You will typically need your employer (if applicable) or sponsor to file a new petition for the dual intent visa category you wish to switch to.
- Change of Status Application: You may need to submit Form I-539 (Application to Extend/Change Nonimmigrant Status) or another relevant form depending on the specific dual intent visa you are applying for.
Maintaining Nonimmigrant Intent:
While applying for a new dual intent visa, it is crucial to maintain your nonimmigrant intent until the application is approved. This means demonstrating ties to your home country and not indicating that you have plans to remain permanently in the U.S. until your new status is granted.
Consulting Legal Advice:
Given the complexities involved, particularly regarding maintaining proper immigration status and intent, consulting with an immigration attorney is advisable. They can help navigate the transition and ensure compliance with U.S. immigration laws
In conclusion, comprehending the intricate concept of dual intent and its implications on U.S. immigration is crucial for non-U.S. citizens seeking to transition from nonimmigrant to immigrant status. Dual intent visas offer a valuable bridge for individuals with aspirations of obtaining a U.S. green card.
However, single-intent visa holders must exercise caution and plan strategically if they later consider pursuing permanent residency. Exploring consular processing as an alternative route can provide a viable solution for those on single-intent visas with evolving immigrant aspirations.
How Law and Visas Can Help?
At Law and Visas, our team of expert immigration consultants is here to make your travel to the United States straightforward and successful. Whether you’re applying for J-1 Visa or H-1B Visa, we handle every step—from preparing your application to gathering the required documents.
Our Immigration Consultants and Lawyers ensure that your application meets the highest standards, with no details missed. We’ll also keep you informed throughout the process and coordinate with the immigration office or embassy on your behalf.
Law and Visas has a strong record of helping clients secure the visas/permits they need to visit the United States. Call us today at +234 812 5505 986 to learn how we can assist you.
