Doctrine of Dual-Intent

It’s a standard rule that a non-immigrant should not have intent of permanently immigrating to U.S.; he can only be a temporary worker. There is an exception to this standard rule, “Doctrine of Dual-Intent.” There is privilege given to H/L, E and O/P visa categories to having both short term intent to leave and long term intent to remain in U.S. permanently. Please click here to see Cronin Memo on Dual Intent

Advantages:

1. H/L visa candidates can file for extensions even after they applied for Adjustment of Status.
2. Even the dependents are recognized under this doctrine.
3. An H-1B visa candidate can travel using Advance Parole and still maintain an H1B status or vice-versa (pls seek a legal advice from your attorney before using this)