San Francisco Lawyer Explains Importance of Dual Intent with O-Visa

There are several advantages to obtaining an O-visa, which is a non-immigrant visa for foreign workers entering the United States. But perhaps the biggest advantage of having an approved O-visa is the dual intent nature, which has not always been a part of the O-visa program. As explained by a San Francisco O-visa lawyer from the Law Offices of Vaughan de Kirby, dual intent is significant because it allows the visa holder to remain temporarily in the United States while applying for permanent resident status (green card), and eventually citizenship. This also means that the O-visa holder does not need to maintain a foreign residence.

If obtaining a green card or citizenship status is your goal, the O-visa program may be appropriate if you can show extraordinary ability in the field of sciences, arts, education, business, athletics, film or television. The assistance of an O-visa attorney in San Francisco is important if you intend on applying for an O-visa in California or throughout the United States. It is also important to know the specific categories associated with the O-visa and whether dual intent applies:
  • O-1 Visa: Applies to the individual with extraordinary ability, dual intent applies to this visa holder.
  • O-2 Visa: Applies to support personnel integral to the O-1 visa holder’s performance with a skill that cannot be performed by others. Dual intent does not apply to the O-2 visa holder.
  • O-3 Visa: Applies to spouses or unmarried children under 21 years of age. Dual intent does not apply to the O-3 visa holder.

We believe that the dual intent doctrine is essential if you intend on becoming a permanent resident of the United States. Contact an experienced O-visa lawyer in San Francisco for assistance in applying for an O-visa. Call the Law Offices of Vaughan de Kirby at (415) 221-2345 and order a copy of our free book, O-1Visa Guide: Using Your Extraordinary Ability in Film, T.V., Arts, Athletics, Business and More to Work in the U.S.. You may also complete the contact form on this page to speak with a California visa attorney today.
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