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Understanding Dual Intent

  • By: Serving Immigrants
  • Published: April 3, 2020
Understanding Dual Intent

A visa with dual intent allows a foreign national to be present in the United States with the intention of becoming a permanent resident. Most visas require that the applicant intends to eventually return to their home country. Therefore, attempting to adjust your status while on that type of nonimmigrant visa can have a detrimental effect on your immigration possibilities.

Nonimmigrant Intent

Before receiving a visa, an applicant must make clear their intention to the consular office. If they are not truthful it could be considered fraud and this could have a long-term negative effect on their status. Every consular office presumes that someone is an immigrant unless they can establish nonimmigrant intent.

To prove nonimmigrant intent, an individual should show that they have a permanent residence in their country that they have not abandoned. They should also show that they do not intend to permanently immigrate to the United States and that they are simply visiting the country. Other factors considered include family and personal ties, cultural ties, property ownership in the home country, and work and business ties.

Dual Intent Visas

A dual intent visa allows an individual to gain a nonimmigrant visa and yet retain the intent to apply for a green card in the future. There are a number of different visas that are considered dual intent, including:

  • K Visas for Fiances and Spouses—these are the spouses or future spouses of U.S. citizens that will be granted immediate privileges. K-1 fiances are entering the U.S. with the intent of marrying a citizen so it is clear that they will try and stay in the country permanently.
  • H1-B, L-1, O-1 Visas—these are employment visas that are pure dual intent visas. These visa holders have nonimmigrant privileges but a clear intent to stay in the country permanently if they have a willing sponsor. The consular office, however, must be convinced that the visa holder will return to their country if their green card application is denied and their visa expires.
  • E-2 Investor Visa—this visa program was created to promote trade between the United States and various treaty countries. The E-2 is a dual intent visa, however there are some trade agreement considerations to take into account. If you are applying for an E-2 visa with dual intent, you should consult with an immigration attorney.

Contact A Trusted Visa Attorney

If you are interested in applying for a dual intent visa, you should have an experienced visa attorney evaluate your case. At Serving Immigrants, Inc., we have the experience and the knowledge to guide you through the application process. Contact us online or call us at (305) 907-6151 to schedule a consultation.

Magdalena Cuprys, Esq.

As an immigrant and a refugee herself, attorney Magdalena Cuprys understands how
important, terrifying, and exciting immigrating to America can be. She understands
how important it is to have one’s legal status in order to achieve the American dream.

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