Dual Intent and Non-immigrant Visas

1. What is the difference between a dual intent visa and a non-immigrant visa?


A dual intent visa is a type of non-immigrant visa that allows the holder to pursue both short-term, non-immigrant goals (like education or tourism) as well as long-term, immigrant goals (like obtaining permanent residency). A non-immigrant visa, on the other hand, does not allow for an intention to stay in a country permanently. It is typically issued for specific purposes such as business travel, travel for pleasure, study, or work.

2. How long is the validity period for a dual intent visa?


The validity period for a dual intent visa varies depending on the type of visa and the country issuing it. In the United States, dual intent visas typically have a validity period of three to five years.

3. Are dual intent visas renewable?


Yes, most dual intent visas are renewable. Depending on the specific visa type, it may be renewable either for the same purpose or for a different purpose. For more information, it is advisable to consult with an immigration lawyer or government official.

4. Can a person with a dual intent visa work in the US?


Yes, a person with a dual intent visa is permitted to work in the US. The dual intent visa allows the holder to travel to the US for a temporary stay and also to pursue permanent residence without jeopardizing their visa status.

5. What are some examples of common dual intent visas?


Common dual intent visas include the B-1 Visitor Visa, the L-1 Intracompany Transferee Visa, the H-1B Specialty Occupation Visa, the E-2 Treaty Investor Visa, the TN NAFTA Professional Visa, and the O-1 Extraordinary Ability Visa.

6. What are the qualifications for obtaining a dual intent visa?


Qualifications for obtaining a dual intent visa vary depending on the country you are applying from. Generally, you must demonstrate that you intend to return to your home country after completing your temporary stay in the U.S. This proof of intent can include evidence of family ties, economic and financial ties, or other compelling social and cultural ties in your home country. You must also demonstrate that you have the means to support yourself during your stay in the U.S. Additionally, you must meet all of the other requirements for the specific visa type you are applying for.

7. Can I apply for a dual intent visa if I am not a citizen of the United States?


No, dual intent visas are available only to citizens of the United States. If you are a non-U.S. citizen, you may be eligible for other types of visas, such as student visas or business visas.

8. Is it possible to switch from a dual intent visa to a non-immigrant visa?


Yes, it is possible to switch from a dual intent visa to a non-immigrant visa. However, it is important to note that the process may require you to apply for a new visa as the current visa may no longer be valid. It is important to speak to an immigration lawyer before taking any steps to switch from a dual intent visa to a non-immigrant visa.

9. Can someone with a dual intent visa stay in the US indefinitely?


No, a person with a dual intent visa cannot stay in the US indefinitely. Dual intent visas are temporary visas that allow a person to stay in the US for a certain period of time. The visa holder must leave the US at the end of their authorized period of stay or risk being in violation of US immigration law.

10. How does an individual obtain an immigrant visa?


An individual can obtain an immigrant visa either through family-based immigration or employment-based immigration. For family-based immigration, the individual needs to have a qualifying family member who is either a U.S. citizen or a green card holder (permanent resident) sponsor them. For employment-based immigration, the individual needs to have a job offer from a U.S. employer that qualifies for an immigrant visa and the employer must file a petition with the U.S. Citizenship and Immigration Services (USCIS) on behalf of the individual.

11. ¿Cuál es la diferencia entre una visa de inmigrante y una de no inmigrante?


An immigrant visa is for those who intend to live and work in the United States permanently, and allows them to apply for permanent residency. A non-immigrant visa is for those who are visiting the United States temporarily and does not give them the right to reside permanently in the United States.

12. Are there any fees associated with obtaining a dual intent visa?


Yes, there are usually fees associated with obtaining a dual intent visa. These fees vary by country but may include application processing fees, visa issuance fees, and other costs.

13. Is it necessary to have an employer sponsor in order to obtain a dual intent visa?


Yes, it is necessary to have an employer sponsor in order to obtain a dual intent visa. The employer must file a petition for the employee in order for the U.S. Citizenship and Immigration Services (USCIS) to approve the visa.

14. Are there any restrictions on travel for individuals holding a dual intent visa?


Yes, there are restrictions on travel for individuals who hold a dual intent visa. Depending on the country, travelers may be required to show proof of their intention to return to their home country after visiting the destination. Additionally, dual intent visa holders may be required to complete a certain amount of time in their home country before returning to the destination.

15. Is it possible to apply for permanent residency while holding a dual intent visa?


Yes, it is possible to apply for permanent residency while holding a dual intent visa. Depending on the type of dual intent visa you are holding, you may be eligible for certain forms of permanent residency. However, you must meet all the eligibility requirements for the form of permanent residency you are seeking.

16. How does one apply for an immigrant or non-immigrant visa?


To apply for an immigrant or non-immigrant visa, you must first determine the type of visa you need. Depending on the type of visa, you must then complete the appropriate application form, supply necessary supporting documents and fees, and attend an interview at a U.S. embassy or consulate.

17. Is it possible to change status from a non-immigrant visa to an immigrant visa?


Yes, it is possible to change status from a non-immigrant visa to an immigrant visa. This is usually done through the filing of an adjustment of status application. To be eligible for adjustment of status, the individual must meet certain eligibility criteria, which vary based on the type of visa they have.

18. Are there any restrictions on who can apply for a non-immigrant visa?


Yes, there are several restrictions on who can apply for a non-immigrant visa. Generally, applicants must demonstrate that they have ties to their home country, including family, financial, educational or employment ties, and that they will return to their home country upon the expiration of their visa. Additionally, applicants must demonstrate to the consular officer that they are not planning to immigrate to the United States and have no other intentions that would make them ineligible for the visa.

19. Are there any benefits associated with having a dual intent visa?


Yes, there are several benefits associated with having a dual intent visa. These include the ability to apply for permanent residence status without having to leave the country, access to employment opportunities, the ability to bring immediate family members into the country, the opportunity to study and apply for post-graduation work permits, and the ability to travel freely between countries.

20. Is it possible to obtain an employment-based green card with a dual intent visa?


Yes, it is possible to obtain an employment-based green card with a dual intent visa. A dual intent visa allows the holder to both travel and work in the United States without having to abandon their green card application.