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Dual intent is a United States immigration law concept. It generally refers to the fact that certain U.S. visas allow foreigners to be temporarily present in the U.S. with lawful status and immigrant intent. This allows those visa holders to enter the U.S. while simultaneously seeking lawful permanent resident status at a port of entry. Otherwise, visa holders may be presumed to have immigrant intent and can be kept from entry as a matter of law.
"Dual" refers to 1] the holding of a nonimmigrant visa, and 2] the intention to immigrate. In contrast, a greencard holder is an immigrant , and a H-1B holder has a visa with intent to not immigrate.
If immigrant intent is presumed based upon inferences made by consular or Department of Homeland Security's border review, this is grounds for termination of nonimmigrant visas issued, refusal of the visa application, refusal of admission at the port of entry, refusal of readmission, or removal. Further, if a border or consular official believes that a visa holder is intentionally misrepresenting himself, then the applicant for entry into the U.S. can also be permanently barred for visa fraud. Unless the foreigner holds a dual intent type visa, the foreigner is subject to review for immigrant intent on each visit to the United States.
Certain types of foreign visitors are allowed dual intent, and other categories of visitors are not. Persons with H-1B visas , K visas , L visas , and V visas are permitted to have dual intent under the Immigration and Nationality Act. Federal regulations also appear to recognize dual intent O visas , P visas , and E visas.