Dual intent
Encyclopedia
Dual intent is a United States
immigration law concept. It generally refers to the fact that certain U.S. visas allow foreigners to be temporarily present in the U.S. with lawful status and immigrant intent. This allows those visa holders, particularly H-1B professionals, to enter the U.S. while simultaneously seeking lawful permanent resident status (green card status) at a port of entry. Otherwise, visa holders may be presumed to have immigrant intent and can be kept from entry (summarily excluded) as a matter of law.
If immigrant intent is presumed based upon inferences made by consular or Department of Homeland Security's border review, this is grounds for termination of non-immigrant visas issued, refusal of the visa application, refusal of admission at the port of entry, refusal of readmission, or removal (deportation). Further, if a border or consular official believes that a visa holder is intentionally misrepresenting himself, then the applicant for entry into the U.S. can also be permanently barred for visa fraud
. Unless the foreigner holds a dual intent type visa, (s)he is subject to review for immigrant intent on each visit to the United States.
Certain types of foreign visitors are allowed dual intent, and other categories of visitors are not. Persons with H-1B visa
s (for specialty workers and their spouses and minor children with H-4 visas), K visa
s (for fiancees or foreign spouses of US citizens and their minor children), L visa
s (for corporate transferees & their spouses and minor children), and V visa
s (spouses and minor children of lawful permanent residents
) are permitted to have dual intent under the Immigration and Nationality Act. Federal regulations also appear to recognize dual intent O visa
s (for workers who have extraordinary ability and their spouses and minor children), P visa
s (for athletes, artists or entertainers and their spouses and minor children), and E visa
s (for treaty traders or treaty investors and their spouses and minor children).
Most other foreign visitors and workers, like those on H-2B
worker, H-3 trainee/worker, B-1 business, B-2 tourist, VWP
visitor, F-1 student, J-1
exchange visitor, M-1
student, journalism, and entertainer visas should not have immigrant intent, as discussed above. Such visa holders can be denied admission if the consular or port official reasonably believes that they have interest in permanently remaining in the United States (i.e., in pursuing a green card
). Certain activities may appear likely to lead to U.S. permanent resident status in the belief of an experienced Government Official.
One such questionable situation is an upcoming marriage with a U.S. citizen without a K-1 fiance visa.
Some confuse an example of immigrant intent presented in a footnote within the Foreign Affairs Manual. This footnote is called the 30-60 day rule. This relates to the presumption of immigration fraud by consular officials.http://www.asianjournal.com/?c=129&a=13053&sid=b3bb02aa4219d1ec91fc97b32be830a2 If a person enters on a non-immigrant visa, such as a B-2 visa, but soon after works without USCIS authorization or marries a U.S. citizen or permanent resident, then a consular official may presume visa fraud and deny all future visa applications. This 30-60 day concept has little to do with dual intent. This footnote guides consular officials on the intention of the U.S. government to deter those from entering, who intend to abuse the non-immigrant visa system based upon Immigration and Naturalization Sections 214(b) or 212(a)(6)(C)(i).
There are times when individuals who are married to U.S. citizens are allowed into the U.S. on tourist visas or visa waivers. Such applicants for entry must demonstrate to the satisfaction of the consular or port official that their trip is temporary. That is, 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 do not allow dual intent.
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
immigration law concept. It generally refers to the fact that certain U.S. visas allow foreigners to be temporarily present in the U.S. with lawful status and immigrant intent. This allows those visa holders, particularly H-1B professionals, to enter the U.S. while simultaneously seeking lawful permanent resident status (green card status) at a port of entry. Otherwise, visa holders may be presumed to have immigrant intent and can be kept from entry (summarily excluded) as a matter of law.
If immigrant intent is presumed based upon inferences made by consular or Department of Homeland Security's border review, this is grounds for termination of non-immigrant visas issued, refusal of the visa application, refusal of admission at the port of entry, refusal of readmission, or removal (deportation). Further, if a border or consular official believes that a visa holder is intentionally misrepresenting himself, then the applicant for entry into the U.S. can also be permanently barred for visa fraud
Visa fraud
Visa Fraud has different criteria in various parts of the world, but the commonly accepted points are the sale, provision, or transfer of otherwise legitimate visas, misrepresentation of reasons for traveling and forgery or alteration of a visa....
. Unless the foreigner holds a dual intent type visa, (s)he is subject to review for immigrant intent on each visit to the United States.
Certain types of foreign visitors are allowed dual intent, and other categories of visitors are not. Persons with H-1B visa
H-1B visa
The H-1B is a non-immigrant visa in the United States under the Immigration and Nationality Act, section 101. It allows U.S. employers to temporarily employ foreign workers in specialty occupations...
s (for specialty workers and their spouses and minor children with H-4 visas), K visa
K-1 visa
A K-1 visa is a dual intent visa issued to the fiancé or fiancée of a United States citizen to enter the United States. A K-1 visa requires a foreigner to marry his or her U.S. citizen petitioner within 90 days of entry. Once the couple marries, the foreign citizen can adjust status to become a...
s (for fiancees or foreign spouses of US citizens and their minor children), L visa
L-1 visa
An L-1 visa is a visa document used to enter the United States for the purpose of work in L-1 status. It is a non-immigrant visa, and is valid for a short amount of time, generally three years. L-1 visas are available to employees of an international company with offices in both the United States...
s (for corporate transferees & their spouses and minor children), and V visa
V visa
The V visa is a temporary visa available to spouses and minor children of U.S. lawful permanent residents . It allows permanent residents to achieve family unity with their spouses and children while the immigration process takes its course. It was created by the Legal Immigration Family Equity...
s (spouses and minor children of lawful permanent residents
Permanent residency
Permanent residency refers to a person's visa status: the person is allowed to reside indefinitely within a country of which he or she is not a citizen. A person with such status is known as a permanent resident....
) are permitted to have dual intent under the Immigration and Nationality Act. Federal regulations also appear to recognize dual intent O visa
O-1 Visa
An O visa is a classification of non-immigrant temporary worker visa granted by the United States to aliens "who possesses extraordinary ability in the sciences, arts, education, business, or athletics, or who has a demonstrated record of extraordinary achievement in the motion picture or...
s (for workers who have extraordinary ability and their spouses and minor children), P visa
P visa
A P visa is a type of temporary employment visa of the United States, granted to alien athletes, artists, and entertainers, and their spouses and children. The term "P" refers to 8 U.S.C...
s (for athletes, artists or entertainers and their spouses and minor children), and E visa
E-2 visa
The E2 Investor Visa allows an individual to enter and work inside of the United States based on an investment he or she will be controlling, while inside the United States. This visa must be renewed every other year, but there is no limit to how many times one can renew. Investment must be...
s (for treaty traders or treaty investors and their spouses and minor children).
Most other foreign visitors and workers, like those on H-2B
H-2B visa
The H-2B visa nonimmigrant program permits employers to hire foreign workers to come temporarily to the U.S. and perform temporary nonagricultural services or labor on a one-time, seasonal, peakload or intermittent basis....
worker, H-3 trainee/worker, B-1 business, B-2 tourist, VWP
Visa Waiver Program
The Visa Waiver Program is a program of the United States Government which allows citizens of specific countries to travel to the United States for tourism or business for up to 90 days without having to obtain a visa. The program applies to the 50 U.S. states as well as the U.S...
visitor, F-1 student, J-1
J-1 visa
A J-1 visa is a non-immigrant visa issued by the United States to exchange visitors participating in programs that promote cultural exchange, especially to obtain medical or business training within the U.S...
exchange visitor, M-1
M-1 visa
The M-1 visa is a type of student visa reserved for vocational and technical schools. To obtain an M-1 visa for traveling to the United States, a student must present a signed Form I-20 at a United States embassy or consulate in his home country...
student, journalism, and entertainer visas should not have immigrant intent, as discussed above. Such visa holders can be denied admission if the consular or port official reasonably believes that they have interest in permanently remaining in the United States (i.e., in pursuing a green card
United States Permanent Resident Card
United States lawful permanent residency refers to a person's immigration status: the person is authorized to live and work in the United States of America on a permanent basis....
). Certain activities may appear likely to lead to U.S. permanent resident status in the belief of an experienced Government Official.
One such questionable situation is an upcoming marriage with a U.S. citizen without a K-1 fiance visa.
Some confuse an example of immigrant intent presented in a footnote within the Foreign Affairs Manual. This footnote is called the 30-60 day rule. This relates to the presumption of immigration fraud by consular officials.http://www.asianjournal.com/?c=129&a=13053&sid=b3bb02aa4219d1ec91fc97b32be830a2 If a person enters on a non-immigrant visa, such as a B-2 visa, but soon after works without USCIS authorization or marries a U.S. citizen or permanent resident, then a consular official may presume visa fraud and deny all future visa applications. This 30-60 day concept has little to do with dual intent. This footnote guides consular officials on the intention of the U.S. government to deter those from entering, who intend to abuse the non-immigrant visa system based upon Immigration and Naturalization Sections 214(b) or 212(a)(6)(C)(i).
There are times when individuals who are married to U.S. citizens are allowed into the U.S. on tourist visas or visa waivers. Such applicants for entry must demonstrate to the satisfaction of the consular or port official that their trip is temporary. That is, 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 do not allow dual intent.