What is Dual Intent? A Comprehensive Guide to Its Legal Definition
Definition & Meaning
Dual intent refers to the ability of non-immigrant visa holders to have two intentions simultaneously: one to maintain their current non-immigrant status and another to seek permanent residency in the future. This concept is particularly relevant for certain visa classifications, such as H-1B and L-1 visas, which allow individuals to work in the United States while also expressing the desire to immigrate.
Legal Use & context
Dual intent is primarily used in immigration law. It allows individuals on non-immigrant visas to apply for permanent residency without jeopardizing their current status. This doctrine is significant for professionals and workers who may wish to transition to a green card while working in the U.S. Users can manage their applications through various legal forms and templates provided by services like US Legal Forms.
Real-world examples
Here are a couple of examples of abatement:
Example 1: A software engineer on an H-1B visa may apply for a green card through their employer while continuing to work under their current visa. This demonstrates dual intent as they maintain their non-immigrant status while pursuing permanent residency.
Example 2: An executive on an L-1 visa might express their intention to apply for a green card while fulfilling their responsibilities in the U.S., showcasing the dual intent doctrine. (hypothetical example)