67:'s border review, this is grounds for termination of nonimmigrant visas issued, refusal of the visa application, refusal of admission at the port of entry, refusal of readmission, or removal (deportation). Further, if a border or consular official believes that a visa holder is intentionally misrepresenting themself, then the applicant for entry into the U.S. can also be permanently barred for
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authorization or marries a U.S. citizen or permanent resident, then a consular official may presume visa fraud and deny all future visa applications. This 30- to 60-day concept has little to do with dual intent. This footnote guides consular officials on the intention of the U.S. government to deter
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Individuals who are married to U.S. citizens are allowed, under some conditions, into the U.S. on tourist visas or visa waivers. Such applicants for entry must demonstrate to the satisfaction of the consular or port official that their trip is temporary; that they are likely to return to their
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A footnote within the
Foreign Affairs Manual has caused some confusion. This footnote is called the 30- to 60-day rule, which relates to the presumption of immigration fraud by consular officials. If a person enters on a non-immigrant visa, such as a B-2 visa, but soon after works without
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student, journalism, and entertainer visas should not have immigrant intent. Such visa holders can be denied admission if the consular or port official reasonably believes that they have interest in permanently remaining in the United States (i.e., in pursuing a
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Intent to remain in the United States permanently at time of entry is not the same as a general desire to remain in the United States permanently, which is technically allowable.
36:(green card status) at a port of entry. Otherwise, visa holders may be presumed to have immigrant intent and can be kept from entry (summarily excluded) as a matter of law.
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allow foreigners to be temporarily present in the U.S. with lawful status and immigrant intent. This allows those visa holders to enter the U.S. while simultaneously seeking
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those from entering, who intend to abuse the non-immigrant visa system based upon
Immigration and Naturalization Sections 214(b) or 212(a)(6)(C)(i).
71:. Unless the foreigner holds a dual intent type visa, the foreigner is subject to review for immigrant intent on each visit to the United States.
134:). Certain activities may appear likely to lead to U.S. permanent resident status in the belief of an experienced government official.
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In contrast, a greencard holder is an immigrant with intent to immigrate, and a H-2B holder has a visa with intent to not immigrate.
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Certain types of foreign visitors are allowed dual intent, and other categories of visitors are not. Persons with
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country of citizenship because they have no interest in immigrating for the purposes of the entry in question.
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While similar to the H-1B visa, the H-1B1 visa (for
Chilean and Singaporean nationals) is not dual intent.
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Most visas, including B-1/B-2 visas and visa waivers, do not allow dual intent.
98:) are permitted to have dual intent under the Immigration and Nationality Act.
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86:(for fiancees or foreign spouses of US citizens and their minor children),
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If immigrant intent is presumed based upon inferences made by consular or
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90:(for corporate transferees and their spouses and minor children), and
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78:(for specialty workers and their spouses and minor children with
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immigration law. Typically, it refers to the fact that certain
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Most other foreign visitors and workers, like those on
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16:Concept in U.S. immigration and nationality law
200:Visa FAQs Immigrant Visa Process and Interview
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209:Embassy of the United States, London, UK
48:the holding of a nonimmigrant visa, and
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13:
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226:. via U.S. Department of Justice.
224:U.S. Board of Immigration Appeals
248:Immigration to the United States
34:lawful permanent resident status
94:(spouses and minor children of
65:Department of Homeland Security
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243:United States immigration law
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220:On the Matter of Hosseinpour
105:worker, H-3 trainee/worker,
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51:the intention to immigrate.
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96:lawful permanent residents
205:July 10, 2010, at the
44:"Dual" refers to
115:Visa Waiver Program
125:exchange visitor,
141:30 to 60 day rule
40:Meaning of "dual"
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59:Immigrant intent
24:is a concept in
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132:green card
109:business,
76:H-1B visas
69:visa fraud
30:U.S. visas
178:uscis.gov
121:student,
117:visitor,
113:tourist,
80:H-4 visas
203:Archived
92:V visas
88:L visas
84:K visas
148:USCIS
103:H-2B
222:".
127:M-1
123:J-1
119:F-1
111:B-2
107:B-1
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