4 ms·
No, this also affects anyone under employment based immigration petitions unrelated to marrying a US citizen.
by BrokenCogs 5mo ago
No, this also affects anyone under employment based immigration petitions unrelated to marrying a US citizen.
- 0xy 5mo agoOnly if they do not maintain lawful status, which is what the law says anyway. In fact, it specifically mentions this: "USCIS acknowledges exceptions including nonimmigrant categories with dual intent and immigrant categories where only adjustment of status provides a pathway to permanent resident status" https://www.uscis.gov/sites/default/files/document/memos/PM-602-0199-AdjustmentOfStatusAndDiscretion-20260521.pdf https://www.uscis.gov/sites/default/files/document/memos/PM-...
- BrokenCogs 5mo agoWhere in the memo does it say "only if they do not maintain lawful status"? there are plenty of people adjusting under employment based petitions who have non-immigrant visas (eg O-1) which are not dual intent.
- 0xy 5mo agoO-1 is a dual intent visa, as is L-1, as is H-1B, so I have no idea what you're talking about?
- BrokenCogs 5mo agoNo, the O-1 is not officially dual intent: https://www.wegreened.com/o1-visa https://www.wegreened.com/o1-visa
- 0xy 5mo agoComplete nonsense. It is. https://fam.state.gov/fam/09FAM/09FAM040213.html#M402_13_5_B https://fam.state.gov/fam/09FAM/09FAM040213.html#M402_13_5_B
- BrokenCogs 5mo agoDo you know why many sources state that it is not dual intent or that it is "quasi dual intent"?
- 0xy 5mo ago"The noncitizen may legitimately come to the United States for a temporary period as an O-1 or O-3 dependent nonimmigrant and depart voluntarily at the end of their authorized stay and, at the same time, lawfully seek to become an LPR of the United States." Seems extremely clear to me.
- zippothrowaway 5mo agoFootnote 20 on page 4: Footnote 20: However, maintaining lawful status in a dual intent nonimmigrant category is not sufficient, on its own, to warrant a favorable exercise of discretion