Dual intent
Dual intent is a concept in
Meaning of "dual"
"Dual" refers to
- the holding of a nonimmigrant visa, and
- the intention to immigrate.
In contrast, a greencard holder is an immigrant with intent to immigrate, and a H-2B holder has a visa with intent to not immigrate.
Immigrant intent
If immigrant intent is presumed based upon inferences made by consular or
Certain types of foreign visitors are allowed dual intent, and other categories of visitors are not. Persons with H-1B visas (for specialty workers and their spouses and minor children with H-4 visas), K visas (for fiancees or foreign spouses of US citizens and their minor children), L visas (for corporate transferees and their spouses and minor children), and V visas (spouses and minor children of lawful permanent residents) are permitted to have dual intent under the Immigration and Nationality Act.[1]
Most other foreign visitors and workers, like those on
While similar to the H-1B visa, the H-1B1 visa (for Chilean and Singaporean nationals) is not dual intent.[2]
30 to 60 day rule
A footnote within the Foreign Affairs Manual has caused some confusion. This footnote is called the 30- to 60-day rule, which relates to the presumption of immigration fraud by consular officials. If a person enters on a non-immigrant visa, such as a B-2 visa, but soon after works without
Individuals who are married to U.S. citizens are allowed, under some conditions, into the U.S. on tourist visas or visa waivers.[3] Such applicants for entry must demonstrate to the satisfaction of the consular or port official that their trip is temporary; that they are likely to return to their country of citizenship because they have no interest in immigrating for the purposes of the entry in question.
Most visas, including B-1/B-2 visas and visa waivers, do not allow dual intent.
Intent to remain in the United States permanently at time of entry is not the same as a general desire to remain in the United States permanently, which is technically allowable.[4]
References
- ^ uscis.gov
- ^ fam.state.gov
- ^ Visa FAQs Immigrant Visa Process and Interview Archived July 10, 2010, at the Wayback Machine Embassy of the United States, London, UK
- ^ "On the Matter of Hosseinpour". U.S. Board of Immigration Appeals. via U.S. Department of Justice.