A dual intent visa refers to certain U.S. visas allowing foreigners with legal status and immigrant intent to reside in the United States temporarily. This type of visa allows those visa holders to enter the U.S. whilst also seeking lawful permanent resident status (green card status) at a port of entry.

When a foreign individual seeks entry into the United States and applies for a U.S. visa, they must specify the length of their intended stay. Those whose ultimate objective is to obtain a U.S. green card will be adjudged to have immigrant intent. Those who intend to stay temporarily – such as those travelling to the U.S. for temporary employment and then returning to their home country are considered to have non-immigrant intent.

The immigration service pays particular attention to these indicators of intent. When an applicant claims they plan on going home, they must produce credible documentation supporting that assertion. They can prove this in various ways. Proof includes demonstrating that they have relatives or a residence outside the United States. That their job contract in the United States is transitory. Several visa categories allow a person who does not now declare immigrant intent to change their mind and status in the future. Visas that permit this change are known as “Dual Intent Visas.”

Who needs a duel intent visa?

Dual intent visas are for those who have yet to make up their minds. Applicants may also be weighing two possibilities and admitting they are uncertain about their plans. They may attempt to qualify for lawful permanent residence in the future.

Dual intent visas make it easier for immigrants to change their status than non-immigrant visas. If you intend to apply for a visa with this type of future goal in mind, you may apply for a visa that allows dual intent. Dual intent visas consist of the following:

  • H-1B Temporary specialist workers in a specialised occupation
  • H-4 dependents (spouses and unmarried children younger than 21) of H-1B employees
  • K-1 fiancé(e)s of United States citizens
  • K-2 dependents (unmarried minor offspring under the age of 21) of K-1 visa holders
  • K-3 spouses of U.S. citizens abroad
  • K-4 dependents (unmarried children under 21 years old) of K-3 visa holders
  • L-1A intracompany transferees who are managers or executives
  • L-1B intracompany transferees with particular expertise
  • L-2 dependents (spouses and unmarried children under the age of 21) of L-1A or L-1B employees
  • O-1 non-citizens with exceptional talent in the sciences, arts, education, business, or athletics
  • O-3 dependents of O-1 visa holders (spouse or unmarried children under the age of 21)
  • V dependents (spouses and unmarried children under 21) of lawful permanent residents in the United States
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