What are Dual Intent Visas?

Dual intent visas are temporary visas that allow immigrants to apply for permanent residency in the U.S. without raising concerns with Immigration.

In general, approval for a temporary U.S. visa, such as a tourist visa, for example, is tied to the applicant’s commitment to return to their country of origin after a certain period. If the officer reviewing your application suspects that you intend to stay in the U.S, as a temporary visa holder, they will deny your visa.

However, with dual intent visas, the U.S. acknowledges some circumstances where it is considered normal for an immigrant to want to stay in the country, due to the nature of their trip or the length of their stay.

Dual intent visas primarily affect students, workers, and spouses of U.S. citizens. For example, a foreigner who studies in the U.S. for four years on a temporary F-1 visa naturally ends up creating ties to the country and receiving job offers. So he might want to stay permanently in the United States. That is why the F-1 is considered a dual intent visa.

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What Types of Visas Allow Dual Intent?

Not all types of U.S. nonimmigrant visas allow dual intent. Some of the most common types of visas that allow dual intent include:

  • Student visas (F-1, M-1)
  • Work visas (H-1B, L-1, J-1, O-1, P)
  • Investment visas (E-2, EB-5)
  • Fiancé visas (K-1)
  • Spouse visas (K-3)

Who Benefits from dual intent visas?

Dual intent visas can be beneficial for a variety of people, including:

  • International students: who want to study in the U.S. and later seek job opportunities in the country.
  • Skilled workers: who want to work in the U.S. and later apply for permanent residency.
  • Entrepreneurs: who want to invest in the U.S. and later apply for permanent residency.
  • Spouses and fiancés of US citizens: who want to reunite with their family members in the U.S.

How to Apply for a Dual Intent Visa

The fact that a visa is considered “dual intent” does not mean that you can, at the time of application, inform the consular or immigration officer that you intend to immigrate to the U.S. In general, you will still need to prove ties to your home country during the application process.

However, if after your visa is approved and you are already in the United States, you decide that you need to apply for permanent residency (a green card), this change of mind will not be used to deny your application. It will not be interpreted as misrepresentation on your initial temporary visa application, where you said you would return to your country of origin after a certain period.

What if I Apply for Permanent Residency with a Temporary Visa That is Not Dual Intent?

If you apply for permanent residency holding a temporary visa that is not of dual intent, your chances of approval will be lower. This is because the consular officer will review your case more rigorously to determine if you really intended to return to your home country in the first place.

The consular officer may understand that there was misrepresentation in the visa application, as they are trained to identify inconsistencies and false information in U.S. visa applications.

If the consular officer believes there has been misrepresentation, they may deny the visa application. Additionally, the applicant may be barred from applying for visas to the U.S. in the future.

Here are some tips to avoid misrepresentation on a visa application:

  • Be honest and transparent in all your statements.
  • Provide only original and authentic documents.
  • Gather all the necessary evidence to support your statements.
  • If you have any questions about how to fill out your visa application, consult an immigration attorney.

Remember that misrepresentation is a serious crime and can have serious consequences.

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U.S. green cards and work visas

This is the best time in history for those who want to live and work in the U.S. If you are a professional seeking an EB-1A or EB-2 NIW visa, as well as other types of green card, fill out our form to receive an initial evaluation of your resume.

And if you represent a company or organization seeking to hire immigrant workers via work visas such as EB-3, L-1, H-1B, H-2A, H-2B, O-1, P-1, and others, then please contact us via our Corporate page or send us an e-mail via info@agimmigration.law. Our Corporate Department is ready to assist you and your company with anything you need.