No, the R-1 visa is not considered a dual intent visa. This means that R-1 visa holders must demonstrate that they intend to return to their home country after the completion of their religious work in the United States. Unlike dual intent visas (such as the H-1B or L-1 visas), which allow foreign nationals to pursue permanent residency (a Green Card) while holding a non-immigrant status, R-1 visa holders are required to show non-immigrant intent when applying for the visa.
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What Does Non-Dual Intent Mean for R-1 Visa Holders?
- Non-Immigrant Intent:
- When applying for an R-1 visa, applicants must demonstrate that they have the intent to return to their home country once their temporary religious work in the U.S. is completed.
- Consular officers may ask for proof of ties to the applicant’s home country (e.g., family, property, or employment commitments) to verify their intent to return.
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- Green Card Application:
- Despite not being a dual intent visa, R-1 visa holders can still apply for a Green Card (permanent residency) through the employment-based categories (such as EB-2 or EB-3), or other applicable pathways, while in the U.S. However, they must carefully navigate the application process to avoid contradicting their non-immigrant intent.
- If applying for a Green Card, R-1 visa holders may need to prove that they were initially planning to return home, but circumstances changed, justifying their decision to seek permanent residency.
- Impact on Visa Renewal or Travel:
- If an R-1 visa holder applies for a Green Card and leaves the U.S. during the process, it may be more difficult to renew their R-1 visa or re-enter the U.S., as consular officers may question their intent to return to their home country.
- This is why many R-1 visa holders stay in the U.S. while their Green Card application is being processed to avoid travel complications.
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The R-1 visa is not classified as a dual intent visa, meaning applicants must show non-immigrant intent when applying. However, R-1 visa holders can still apply for a Green Card while in the U.S., though they should be mindful of the implications this may have on their visa status, particularly when traveling or renewing their visa.