Dual Intent

Dual Intent generally refers to the fact that certain U.S. visas give foreign nationals permission to  enter U.S. with a nonimmigrant status while having a intention to possibly immigrating (adjust status) at some time in the future. This is special because most of visa U.S. issues are either immigrant visas for people applying green card abroad or nonimmigrant visas that require the visitor has no immigrant intent and return home after the short visit.

Common Dual Intent Visas

Following visa categories allow foreign nationals enter U.S. with dual intent:

  • H-1B and H-4 (Special workers and their spouses and minor children)
  • K-1 and K-2 (Fiancees of US citizens and minor children)
  • L-1A, L-1B and L-2 (intracompany transferees executive or specialized knowledge and their spouse and minor children)
  • O-1 and O-3 (Workers with extraordinary ability and their spouse and minor children)
  • P visas ( athletes, artists or entertainers and their spouses and minor children)

Common Single Intent Visas

Following visa categories are common single intent visas that strictly does not allow visitors enter with intent of immigration:

  • B-1/B-2 (Business or tourism visitor)
  • F-1 (Student)
  • J-1 (Exchange visitor)
  • M-1 (Vocational student)
  • H-2A and H-2B (Temporary agricultural and non-agricultural workers)

 

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