--- title: What Is Dual and Nonimmigrant Intent? | My Visa Source description: Find out about nonimmigrant visas and dual intent US Visas and which to choose based on your plans to return home or to stay in the US permanently. Click here! image: https://www.myvisasource.com/hubfs/logo-for-facebook2.png --- [![ClickCease](https://monitor.clickcease.com/stats/stats.aspx)](https://www.clickcease.com) [###### Planning on entering the United States or Canada this year or in 2027? Avoid potential issues by consulting with a licensed immigration professional. 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More From My Visa Source [ Immigration Tools ](https://www.myvisasource.com/tools/) [ Express Entry CRS Calculator ](https://www.myvisasource.com/canadian-immigration/permanent-residence/express-entry/ee-crs-chatbot/) [ Language Point Calculator ](https://www.myvisasource.com/tools/ielts-celpip-tef-calculator/) [Twitter](https://twitter.com/MyVisaSource) [Facebook](https://www.facebook.com/MyVisaSource) [LinkedIn](https://www.linkedin.com/company/my-visa-source-law-mdp) US Immigration News # What Is Dual and Nonimmigrant Intent? 4.75 minute read "Foreign nationals can come to the United States temporarily to transition to permanent residence. However, most nonimmigrant visas only allow you to come to the US only if you intend to return home. Attempting to transition to permanent residence on certain nonimmigrant visas can lead to long-term severe consequences." Written by My Visa Source Team Published on:  Aug 21, 2021 ![nonimmigrant work visa application with a pen resting on it my visa source](https://www.myvisasource.com/hubfs/Compressed%20Blog%20Images/200kb/nonimmigrant-work-visa-application-with-a-pen-resting-on-it-my-visa-source-200kb.jpg) Begin your immigration journey now Click and fill out a free online assessment to see how we can help you. It takes less than 1 minute to fill out. [Free Assessment▸ ](https://www.myvisasource.com/free-assessment) Call and speak to our team, so that they can book a time with a licensed immigration professional who will answer all your questions. [Call Us Now▸ ](tel:1-888-509-1987) Recommended For You Author info: Foreign nationals can come to the United States temporarily to transition to permanent residence. However, most nonimmigrant visas only allow you to come to the US only if you intend to return home. Attempting to transition to permanent residence on certain nonimmigrant visas can lead to long-term severe consequences.  For this, one needs to apply for a dual intent visa. A dual intent visa will allow you to travel to the US temporarily to possibly immigrate. However, for most temporary status, you must demonstrate that you have nonimmigrant intent, meaning that you do not intend to [immigrate to the US](https://www.myvisasource.com/usa-immigration/) during your stay. ## **What Is Nonimmigrant Intent?** There are 2 types of US visas: immigrant visas (on the way to obtaining ["Green Card", Permanent Resident Card](https://www.myvisasource.com/usa-immigration/permanent-residence-green-card/)) and nonimmigrant visas (temporary visitors). To apply for a US visa, you will be required to declare your intention to the consular official to meet the eligibility requirements of the particular visa category. Consular officials assume that every applicant has an immigrant intent unless they can demonstrate otherwise. You can be barred from visa fraud if the consular suspects that you are misrepresenting your intention. ## **How to Prove Nonimmigrant Intent** To be eligible for a nonimmigrant visa, you are required to demonstrate that you do not intend to permanently settle in the US and will not abandon your foreign citizenship while you are in the US. You are only visiting the US temporarily.  The eligibility requirements for each nonimmigrant visa are different, however, you will be required to prove nonimmigrant intent for most. To determine whether your intention is true, the consular office will consider the following factors: - Family and personal ties to each country - Work and business opportunities in each country - Home owned or leased for the long term in each country - Property ties in the form of car, real estate, bank accounts and other investments in each country - Social and cultural ties to each country - Prior efforts of applying for permanent residence in the US and prior immigration violations, if any - The purpose of visiting the US  ## **What Is the Middle Ground?** The above-mentioned guidelines aren’t rigid and do not apply to all types of nonimmigrant visas. There are many exceptions. For example, [F-1 Student Visa](https://www.myvisasource.com/usa-immigration/student-visas/f1/) applicants are granted some leniency from these rules. The Department of State understands that international students come to the US without employment and family dependents or any substantial assets.  Therefore, their residence abroad is considered in a broad scope and the main focus is on their short-term intent. This means that an F-1 Visa is granted based on the applicant’s immediate intent, not what might be in the future. ### Subscribe to our magazine to stay up to date with Immigration news ## **What Are Dual Intent Visas?** Dual intent visas allow foreign nationals to come to the US temporarily with the intent of immigrating to the US. Some types of nonimmigrant visas do not fit the mold of the nonimmigrant intent and inherently contain the possibility that the visitor may apply for permanent residence. The following types of dual intent visas are available: ### **K Visas:**  The [K-1 Fiance (e) Visa](https://www.myvisasource.com/usa-immigration/visitor-visas/k-1-fiance/) allows a foreign engaged partner of a US citizen to come to the US to marry the US citizen within 90 days. The K-3 Visa allows spouses of US citizens to enter the US while waiting for their Form I-130 petition to be approved. In both cases, spouses and future spouses of US citizens are granted the privilege of immediate relatives. The K-1 Visa applicants enter the US with an immigrant intent but it is a nonimmigrant visa. The K-1 is a dual intent visa. ### **H-1B, L-1 and O-1 Dual Intent Visas for Employment: ** The [H-1B Visa](https://www.myvisasource.com/usa-immigration/us-work-visas/h-1b/), [L-1 Visa](https://www.myvisasource.com/usa-immigration/us-work-visas/l-1/) and [O-1 Visa](https://www.myvisasource.com/usa-immigration/us-work-visas/o-1-visa-program/) are nonimmigrant visas that allow dual intent and grant the applicants a clear path for permanent residence if there is a willing sponsor. These visas require approval of labor certification or an immigrant visa petition. These visas may allow dual intent, however, at the time of application, the consular requires the applicants to establish that they will voluntarily leave the US once their nonimmigrant visa expires if they fail to obtain a Green Card. ### **E-2 Treaty Trader Visa:**  The [E-2 Visa](https://www.myvisasource.com/usa-immigration/investors-visas/e-2/) was created to encourage trade between the US and several other countries with which the US has a trade treaty. This is a dual intent visa that allows applicants to apply for permanent residence through adjustment of status without waiving certain legal rights provided in the trade agreement. ## **What Is Adjustment of Status?** As an immigrant in the US, if you want to change your status as a nonimmigrant to a permanent resident, then you must file Form I-485, Application to Register Permanent Residence or Adjust Status. This is known as adjustment of status. To do this, you require an immigration petition filed on your behalf by a family member or an employer. Once this petition is approved, you can adjust your status to a green cardholder. ## **What Is Preconceived Intent?** The main issue with filing Form I-485 when you are in the US on a nonimmigrant visa is that it brings in questions whether you had a “preconceived intent” of immigration to the US when you initially applied for the visa. It is plausible that you enter the US temporarily, however, your plans changed genuinely during your stay due to a romantic or job prospect. However, you can not have a preconceived intent of applying for permanent residency while entering the US on a nonimmigrant visa. A preconceived intent is determined by the USCIS based on you applying for adjustment of status within 90 days of entering the US. This assumption can be disapproved by you demonstrating that your intention changed due to a change in your circumstances. Questions About Immigration? My Visa Source Has Answers. My Visa Source stays updated on all immigration news and announcements across Canada and the United States, including sudden changes in government law. Our legal solutions help individuals, families, businesses and investors from North America and around the globe. Get The Personalized Help That You Need and Deserve! Securing personalized legal help is quick and simple. Begin with our one-minute online immigration assessment form or call us toll-free at 1-888-509-1987. Book a personal consultation to speak with an award-winning immigration lawyer either in person, over the telephone, or through a video conference. We're open 6am-9pm PST & EST, 7 days a week and are ready for in person, phone, and video consultations. [ Book a Consultation ](https://www.myvisasource.com/book-a-consultation) [ Free Assessment ](https://www.myvisasource.com/free-assessment) ![US Flag](https://www.myvisasource.com/hubfs/3d%20Model%20Stills/Service%20Page%20compressed/usFlag5_trimmed.webp) Latest Articles from Immigration Magazine [![new-normal-spelled-with-blocks-my-visa-source](https://www.myvisasource.com/hubfs/Compressed%20Blog%20Images/50kb/new-normal-spelled-with-blocks-my-visa-source-50kb.jpg) US Immigration President Biden Reverses Trump’s Ban on Legal Immigration US President Joe Biden issued an executive order to end the Trump Immigration Restrictions on new Green Cards on March 1, 2021.Former US President Donald Trump halted 4 types of immigration visas including the issuing of Green Cards as a measure to protect the US job market for US citizens. ](https://www.myvisasource.com/blog/usa/biden-reverses-trumps-ban-legal-immigration) [![woman-working-at-desk-on-laptop-my-visa-source](https://www.myvisasource.com/hubfs/Compressed%20Blog%20Images/50kb/woman-working-at-desk-on-laptop-my-visa-source-50kb.jpg) US Immigration 9 Paths to Legally Work in the US for Foreign Nationals in 2021 ](https://www.myvisasource.com/blog/usa/work-legally-united-states-2021) Thousands of skilled workers all over the world seek to immigrate to the United States for better job opportunities and a higher standard of life.Based on your skills and experience, financial resources and purpose for immigrating, the US government offers several immigration pathways for foreign workers. [![cartoon-action-plan-checklist-on-clipboard-my-visa-source](https://www.myvisasource.com/hubfs/Compressed%20Blog%20Images/50kb/cartoon-action-plan-checklist-on-clipboard-my-visa-source-50kb.jpg) US Immigration President Biden’s 8 Year Plan in Immigration Policy and Plan ](https://www.myvisasource.com/blog/usa/bidens-immigration-policy-plan) Only after a week of taking office, US President Joe Biden introduced a comprehensive immigration agenda to be referred to Congress. This new plan seeks to “restore humanity and American values to the US immigration system. OVER A DECADE, WE’VE DEMOCRATIZED AND SIMPLIFIED IMMIGRATION. IT’LL TAKE LESS THAN 1 MINUTE TO FILL OUR ONLINE ASSESSMENT AND A TEAM MEMBER WILL FOLLOW UP WITH YOU. [Get Started](https://www.myvisasource.com/free-assessment) [![hands-holding-hourglass-in-the-sunlight-my-visa-source](https://www.myvisasource.com/hubfs/Compressed%20Blog%20Images/50kb/hands-holding-hourglass-in-the-sunlight-my-visa-source-50kb.jpg) US Immigration 5 Tips to Speed Up Your US Immigration Processing ](https://www.myvisasource.com/blog/usa/ways-speed-up-your-usa-immigration-processing) If you are planning to immigrate to the United States, then the paperwork alone can seem overwhelming. The US immigration process involves long and complicated steps and requires an in-depth understanding of the process to submit a successful application. [![lots-of-thumbs-up-gestures-for-higer-wages-my-visa-source](https://www.myvisasource.com/hubfs/Compressed%20Blog%20Images/50kb/lots-of-thumbs-up-gestures-for-higer-wages-my-visa-source-50kb.jpg) US Immigration H-1B Selection Process Changes by Prioritize Wages ](https://www.myvisasource.com/blog/usa/h-1b-selection-process-changed-prioritize-wages) The US Citizenship & Immigration Services (USCIS) announced on January 7, 2021, concerning a final rule change in the H1-B Visa cap selection process. The USCIS announced that the final rule will affect the selection process of lottery procedures and will prioritize wages to protect the interests of US workers. [![cross-section-of-usa-visa-my-visa-source](https://www.myvisasource.com/hubfs/Compressed%20Blog%20Images/50kb/cross-section-of-usa-visa-my-visa-source-50kb.jpg) US Immigration US Employment-Based Visas for Foreign Permanent Workers ](https://www.myvisasource.com/blog/usa/employment-based-visa-permanent-workers) Do you want to move to the United States for permanent work? Are you confused about where to start? The US government offers a set of Employment-Based Visa programs for foreign workers who want to immigrate to the US. [![female-nurse-happy-and-excited-my-visa-source](https://www.myvisasource.com/hubfs/Compressed%20Blog%20Images/50kb/female-nurse-happy-and-excited-my-visa-source-50kb.jpg) US Immigration Immigration to the United States as a Nurse ](https://www.myvisasource.com/blog/usa/immigration-usa-as-nurse) Are you a professional and experienced nurse looking to immigrate to the United States? The US is always looking for well-experienced healthcare workers, especially workers to fill the shortage in their local labor markets. [![medical-technician-working-over-microscope-my-visa-source](https://www.myvisasource.com/hubfs/Compressed%20Blog%20Images/50kb/medical-technician-working-over-microscope-my-visa-source-50kb.jpg) US Immigration How to Immigrate to the US as a Medical Technologist ](https://www.myvisasource.com/blog/usa/immigrating-usa-as-medical-technologist) Are you a professional medical technologist wanting to immigrate to the United States? Are you confused about where to begin?The US is one of the most developed countries in the world with thriving job opportunities. The US considers people working in the medical profession as highly skilled workers. [![cheerful-construction-workers-discussing-work-my-visa-source](https://www.myvisasource.com/hubfs/Compressed%20Blog%20Images/50kb/cheerful-construction-workers-discussing-work-my-visa-source-50kb.jpg) US Immigration How to Immigrate to the US as a Construction Worker ](https://www.myvisasource.com/blog/usa/immigrating-usa-as-construction-worker) The United States is a popular destination for foreign workers looking to achieve a higher standard of life. Thousands of immigrants travel to the US in the hope to achieve the American dream and a better lifestyle.This is not limited to only skilled foreign workers. Millions of immigrant workers from all over the world come to the US for low-wage and semi-skilled jobs. [![new-normal-spelled-with-blocks-my-visa-source](https://www.myvisasource.com/hubfs/Compressed%20Blog%20Images/50kb/new-normal-spelled-with-blocks-my-visa-source-50kb.jpg) US Immigration President Biden Reverses Trump’s Ban on Legal Immigration US President Joe Biden issued an executive order to end the Trump Immigration Restrictions on new Green Cards on March 1, 2021.Former US President Donald Trump halted 4 types of immigration visas including the issuing of Green Cards as a measure to protect the US job market for US citizens. ](https://www.myvisasource.com/blog/usa/biden-reverses-trumps-ban-legal-immigration) [![woman-working-at-desk-on-laptop-my-visa-source](https://www.myvisasource.com/hubfs/Compressed%20Blog%20Images/50kb/woman-working-at-desk-on-laptop-my-visa-source-50kb.jpg) US Immigration 9 Paths to Legally Work in the US for Foreign Nationals in 2021 ](https://www.myvisasource.com/blog/usa/work-legally-united-states-2021) Thousands of skilled workers all over the world seek to immigrate to the United States for better job opportunities and a higher standard of life.Based on your skills and experience, financial resources and purpose for immigrating, the US government offers several immigration pathways for foreign workers. [![cartoon-action-plan-checklist-on-clipboard-my-visa-source](https://www.myvisasource.com/hubfs/Compressed%20Blog%20Images/50kb/cartoon-action-plan-checklist-on-clipboard-my-visa-source-50kb.jpg) US Immigration President Biden’s 8 Year Plan in Immigration Policy and Plan ](https://www.myvisasource.com/blog/usa/bidens-immigration-policy-plan) Only after a week of taking office, US President Joe Biden introduced a comprehensive immigration agenda to be referred to Congress. This new plan seeks to “restore humanity and American values to the US immigration system. [![hands-holding-hourglass-in-the-sunlight-my-visa-source](https://www.myvisasource.com/hubfs/Compressed%20Blog%20Images/50kb/hands-holding-hourglass-in-the-sunlight-my-visa-source-50kb.jpg) US Immigration The Provincial Nominee Program (PNP) in 5 Easy Steps ](https://www.myvisasource.com/blog/usa/ways-speed-up-your-usa-immigration-processing) If you’re considering coming to Canada and aren’t sure which immigration class makes the most sense for you, consider the Provincial Nominee program (PNP). While the immigration process in general is confusing, the PNP doesn’t have to be. Read on to learn about the five easy steps it takes to immigrate to Canada through the PNP - our Toronto lawyers can help. [![lots-of-thumbs-up-gestures-for-higer-wages-my-visa-source](https://www.myvisasource.com/hubfs/Compressed%20Blog%20Images/50kb/lots-of-thumbs-up-gestures-for-higer-wages-my-visa-source-50kb.jpg) US Immigration H-1B Selection Process Changes by Prioritize Wages ](https://www.myvisasource.com/blog/usa/h-1b-selection-process-changed-prioritize-wages) The US Citizenship & Immigration Services (USCIS) announced on January 7, 2021, concerning a final rule change in the H1-B Visa cap selection process. The USCIS announced that the final rule will affect the selection process of lottery procedures and will prioritize wages to protect the interests of US workers. [![cross-section-of-usa-visa-my-visa-source](https://www.myvisasource.com/hubfs/Compressed%20Blog%20Images/50kb/cross-section-of-usa-visa-my-visa-source-50kb.jpg) US Immigration 4 Reasons Your Visa Application is Taking Longer Than Expected ](https://www.myvisasource.com/blog/usa/employment-based-visa-permanent-workers) Waiting is often the hardest part of applying for one of Canada’s many immigration and visa programs. Since the process is complicated, many reasons exist that could be causing a delay. These four reasons are among the top culprits that make applications take longer than expected. [![female-nurse-happy-and-excited-my-visa-source](https://www.myvisasource.com/hubfs/Compressed%20Blog%20Images/50kb/female-nurse-happy-and-excited-my-visa-source-50kb.jpg) US Immigration Can I Work While Under A Canadian Visitor Visa? ](https://www.myvisasource.com/blog/usa/immigration-usa-as-nurse) Similar to the United States, Canada protects itself against labour problems by generally not allowing visitors to work under work permits. As such, most people will be unable to apply for a work permit while in the country for vacation or to visit family. [![medical-technician-working-over-microscope-my-visa-source](https://www.myvisasource.com/hubfs/Compressed%20Blog%20Images/50kb/medical-technician-working-over-microscope-my-visa-source-50kb.jpg) US Immigration Immigration to Canada from Pakistan ](https://www.myvisasource.com/blog/usa/immigrating-usa-as-medical-technologist) One appealing characteristic of Canada is that it is a truly multicultural country. This can make it easy for newcomers to settle here, which is why many people consider immigrating to Canada from all corners of the world. [![cheerful-construction-workers-discussing-work-my-visa-source](https://www.myvisasource.com/hubfs/Compressed%20Blog%20Images/50kb/cheerful-construction-workers-discussing-work-my-visa-source-50kb.jpg) US Immigration How to Immigrate to the US as a Construction Worker ](https://www.myvisasource.com/blog/usa/immigrating-usa-as-construction-worker) The United States is a popular destination for foreign workers looking to achieve a higher standard of life. Thousands of immigrants travel to the US in the hope to achieve the American dream and a better lifestyle.This is not limited to only skilled foreign workers. Millions of immigrant workers from all over the world come to the US for low-wage and semi-skilled jobs. 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Choose an award-winning team to provide solutions for your immigration challenges.", "2017 - 2020 - Top Choice Award - Top Immigration Law Services", "2016 - 2018 - Corporate LiveWire - Corporate Immigration Law Team of the Year in Canada", "2015 - 2020 - Three Best Rated - Best Immigration Firm", "2015 - 2019 - AI Legal Awards - Leading Immigration Law Firm - Canada", "2016 - Global Law Experts - Corporate Immigration Law Firm of the Year in Canada", "2015 & 2016 - Global Law Experts - Recommended Firm", "2015 & 2016 - Legals Finest - Client Choice - Corporate Immigration Law Award in Canada" ], "image" : "https://www.myvisasource.com/hs-fs/hubfs/my-visa-source-compressed.png", "name" : "My Visa Source", "sameAs" : [ "https://www.facebook.com/MyVisaSource", "https://www.linkedin.com/company/my-visa-source-law-mdp", "https://twitter.com/MyVisaSource" ], "telephone" : "+1-888-509-1987", "url" : "https://www.myvisasource.com/" } ```