When entering the U.S. on a temporary visa, you're required to state the purpose of your visit. Whether you're traveling for tourism, business, or work, U.S. immigration authorities need to understand your intentions. This can be straightforward when you enter for a short stay or temporary work, but what happens if you decide to apply for a green card while you're here?
It’s crucial to understand the difference between Dual Intent and Single Intent visas, as these affect your ability to apply for permanent residency while in the U.S. and your freedom to travel in and out of the country during that process.
Dual Intent refers to the ability to enter the U.S. on a temporary visa while simultaneously seeking permanent residency. This is a significant benefit, as it allows you to pursue a green card application without jeopardizing your current visa status or being seen as having "misrepresented" your intent when entering the country.
Visas that fall under Dual Intent include:
With a Dual Intent visa, you can apply for a green card while working temporarily in the U.S. and even travel in and out of the country without disrupting your green card application process. This flexibility is one of the biggest advantages of holding a Dual Intent visa.
For example, if you hold an H-1B visa and decide to apply for permanent residency (a green card), your visa status won’t be affected during the application process. You can continue working in the U.S., and if you need to leave and re-enter, it won’t interfere with your green card application.
O-1 Extraordinary Ability Visa - The O-1 visa occupies a gray area between dual and single intent. Some attorneys describe it as a "quasi-dual intent" visa. While an approved I-140 shouldn't result in an O-1 visa application denial, U.S. embassies may still ask O-1 applicants to demonstrate ties to their home country. Additionally, O-1 visa holders should not have the intent to immigrate when they are admitted and enter the U.S. with an O-1 visa. We recommend consulting with our attorneys to discuss your specific situation and the potential risks of traveling on an O-1 visa with an approved I-140.
On the other hand, Single Intent visas are meant for individuals who are entering the U.S. with the sole intention of staying temporarily—whether for work, study, or tourism. The key distinction here is that these visas don’t permit you to pursue a green card application while you're in the U.S. without potentially facing consequences.
Single Intent visas include:
If you enter the U.S. on a Single Intent visa, you are expected to demonstrate that you have no plans to stay beyond the duration of your visa. This includes showing that you have ties to your home country, like a job, family, or property, and that you intend to return once your work or visit is complete.
If you later decide to apply for a green card while on a Single Intent visa, it can create complications. U.S. immigration authorities could view your green card application as a misrepresentation of your initial intentions, which could put your current visa status at risk. Additionally, traveling internationally after you have initiated your green card process and then applying for a single intent visa or seeking admission to the US on a single intent visa, can be tricky.
One of the biggest concerns for those on Single Intent visas is traveling in and out of the U.S. during the green card process. If you leave the U.S. after applying for a green card while on a Single Intent visa, you may not be allowed to return on your visa and your adjustment of status could be considered abandoned.
To prevent either of these situations, you may be eligible to apply for Advance Parole (via form I-131), which is a travel document that allows you to leave and re-enter the U.S. while your green card is processing. Additionally, you may be able to apply for Employment Authorization (EAD), which grants work authorization during the adjustment of status process.
If you're on a Single Intent visa and plan to apply for a green card, there are a few key things to keep in mind:
It’s important to understand the rules regarding US Visas and avoid making mistakes that could jeopardize your future in the U.S.
If you're unsure of your visa status or what steps to take next, contact Alma’s attorneys. They can help ensure that your path to permanent residency is as smooth as possible—without any unintended complications along the way.
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