The Dual Intent Doctrine in immigration law affects those applying for permanent resdidency when someone has entered the United States on a non-immigrant visa (such as a visitor’s visa) and then applies for permanent residency. Not understanding this doctrine can lead to your application being denied, and you being deported. Read more to find out how to prepare.

Coming to the U.S. on a Visitor’s Visa (B1/B2)

When you travel to the United States on a B1/B2 visa, you must affirm in your application that you are not intending on immigrating to the United States. Additionally, you must typically provide proof along with your application.

Applying for Permanent Residency

If you submit your application for permanent residency after entering on a visitor’s visa, you may encounter problems. This is because you cannot have the “dual intent” of immigrating to the United States when seeking a non-immigrant visa.

Consequences

Failing to prove you did not have “dual intent” can lead to your application being denied, and the Department of Homeland Security seeking to deport you from the country. You could also be barred from returning due to a misrepresentation on your application.

Hire an attorney!

If you are considering applying for a visitor’s visa, or plan on applying for permanent residency, hire an attorney to help you prepare the documentation you need and to review your case for any problems. The experienced attorneys at Saenz & Maniatis, PLLC can assist you with their extensive resources and knowledge. 

Call (615) 366-1211 to set up a consultation. Office hours are Monday through Friday, 9am to 6pm. Don’t wait!