GLOSSARY

Dual Intent

An immigration doctrine allowing nonimmigrant visa holders to have immigrant (permanent) intent as well.
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About Dual Intent

<p>Most nonimmigrant visas require the person to prove they only intend to stay temporarily and will depart (nonimmigrant intent). <b>Dual intent</b> visas are exceptions that permit the individual to pursue permanent residence (a green card) without jeopardizing their nonimmigrant status or visa issuance.</p><p>H-1B is explicitly dual intent – an H-1B holder can:</p><ul><li>Be sponsored for a green card</li><li>Travel on the H-1B while a green card application is pending</li></ul><p>This is why consular officers usually won't deny an H-1B visa renewal just because a green card process has started, whereas on an F-1 or B-2 visa that could be an issue.</p>

CATEGORY

Legal Concepts

KEYWORDS

dual intent, green card, permanent residence, nonimmigrant intent, consular processing, visa renewal

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