United States Visa(3)Immigrant Intent | Can dual intent immigration visas allow for immigration intent?

In the last issue, we introduced three types of visas: non-immigrant visas, immigrant visas, and permanent visas (green cards). In fact, when it comes to this part, we have to say that the fundamental reason for the different types of visas is actually immigration intent. Is it true that only immigrant visas can have immigration intent, but non-immigrant visas cannot have immigration intent? What are the differences in immigration intent between different types of visas? What is a dual intent visa?

Today we will introduce the concept of Immigrant Intent.

20 Lessons on US Visas, Let Your Company Easily Enter the US. I am an American lawyer, Attorney Liu, and I will provide you with an in-depth interpretation of the legal logic behind entrepreneurship in Silicon Valley.

1. Immigrant Intent is only applicable to Nonimmigrant Visa

To understand the issue of Immigrant Intent, we must first understand that when we talk about whether or not we have an immigrant intent, we are only talking about a nonimmigrant visa, which may sound a bit confusing.

It may be easier to understand the other way around. If it is an Immigrant Visa, then there is no need for Immigrant Intent. It is a done deal, with clear evidence that you want to immigrate, right? There is no question of whether you have an intention or not.

Or if you must classify, I have invented a term, Pure Immigrant Intent visa. You can understand that immigrant visas only have pure immigrant intent, without the wavering dual intent, and even less non-immigrant intent.

But everyone should remember that the term "Pure Immigrant Intent" did not actually exist originally. It is just to help everyone understand the concept of "Immigrant Intent".

Okay, now let’s start to break down the concept of real immigrant intent.

2. The concept of Immigrant Intent

Let’s first look at the concept of Immigrant Intent.

Immigrant Intent means that the visa holder has the intention to eventually settle in the United States and apply for a green card when entering the United States.

It should be noted that the default setting of a Nonimmigration Visa, the basic factory setting, should not have an immigration intention, so you can think that a Nonimmigration Visa should originally be a visa without Immigration Intent, that is to say, the visa holder must indicate his/her intention not to immigrate when applying for a visa and entering the country, that is, he/she will return to his/her home country after the end of the stay period in the United States. When applying, the visa officer will assess whether the applicant has the intention to return to his/her home country, or whether he/she has sufficient binding force to return to his/her home country . This requires the applicant to provide various proofs, such as stable family relationships, property, work or academic arrangements, etc., to prove that he/she does not have an immigration intention.

Huang Xiaoming's application for studying in the United States was rejected many times in "Chinese Partners", which is a vivid portrayal of the strict examination of the immigration intention of F-1 student visa applicants by the US Immigration Service. Especially at that time, the economic development gap between China and the United States was even greater. The US Immigration Service was worried that Chinese students would work under the guise of studying abroad, and would not want to come back after arriving in the United States. Therefore, the US Immigration Service hopes to see that you have a strong family background in China, and it would be best if your parents can arrange a job for you.

In the movie "Beijing Meets Seattle", the scene where Tang Wei, who is already pregnant, wraps her belly with a cloth and pretends to be single in front of the immigration officer is a reflection of the strict restrictions on the immigration intent of applicants for B-1/B-2 visas. B-1/B-2 visas are valid for six months in total. If you are already four or five months pregnant, then you must have come to the United States to give birth and then stay here illegally. Then you do not meet the non-immigrant intent requirements of B-1/B-2 visas.

Typical non-immigrant visas include the following:

•          Business/Tourist Visa: B-1/B-2 Visa

•          Student Visa: F-1 Visa

•          Exchange Visitor Visa: J-1 Visa

B1/B2 has been introduced before and is for business travel within six months.

F1 is a student visa, and you can return to your home country after completing your studies and obtaining your degree.

Some of our friends may have heard of J1, which is called a visiting scholar. This visa requires not only returning to the home country after completing the visiting scholar program, but also staying in the home country for 2 years to serve the motherland, which is what we often call a 2-year service period. Only then can you come to the United States with another visa.

Therefore, it can be seen that the non-immigrant visa itself has strict restrictions on the applicant's immigration intention, and there cannot be any immigration intention.

3. Dual Intent Visa

From this, everyone should understand why we hear about the Dual Intent visa.

It refers to a type of visa that allows applicants to stay in the U.S. for a short period of time and allows the holder to apply for a green card while in the U.S. It is important to note that Dual Intent is still a type of nonimmigrant visa. Once again, it is not necessary to discuss the issue of Immigrant Intent for Immigrant Visas, because it is obviously for immigration purposes, and it is not an intention, but solid evidence. Only Nonimmigrant Visas need to discuss Immigrant Intent.

The so-called dual intent adds the factor of immigrant intent to the non-immigrant visa, which is not supposed to have immigrant intent. This makes the Nonimmigrant visa, which is supposed to have only a single intention of returning to one’s home country, become a dual intent state of wanting to both return to one’s home country and stay in the United States.

It feels a bit like quantum mechanics.

This type of dual intent visa is mainly suitable for professionals and executives who need to live and work in the United States for a long time.

Typical dual intent visas include:

•          Visa for Professional and Technical Personnel: H-1B Visa

•          Multinational Manager Visa: L-1 Visa

•          Extraordinary Ability Visa: O-1 Visa

After understanding these concepts today, we can draw another picture. 

If you are interested, you can contact us by email. My email address is in the information bar below the video. You can find us to get the form document.

You said, "Lawyer Liu, if I want to change from one visa to another, does that mean I have to go back to my home country first and then apply for a new visa?

In the next issue, we will introduce the conversion of Immigrant Intent.

20 Lessons on US Visas, Let Your Company Easily Enter the US. I am an American lawyer, Lawyer Liu, and we will see you next time.