Can I apply for Permanent Residence (a “Green Card”) while in the U.S. on a nonimmigrant visa?
Only on some nonimmigrant visas. Generally speaking, asking for a nonimmigrant visa means expressing “nonimmigrant intent” – the intent to remain in the U.S. only temporarily. This is clearly inconsistent with the intent to remain in the U.S. permanently; it would therefore seem that the answer should be “no.” However, certain nonimmigrant visas allow for “dual intent” – the intent to be here in a temporary nonimmigrant status for now while simultaneously wishing to obtain permanent residence eventually to remain in the U.S. indefinitely. Examples of nonimmigrant visas which permit dual intent include the H-1B and L-1A/L-1B visas. Visas which do not permit dual intent (and on which, therefore, an individual cannot begin a permanent residence process) include the B-1/B-2 visitors’ visas, the F-1 student visa, the J-1 exchange visitor visa, and the TN Trade NAFTA visa for Canadian and Mexican citizens. Normally, a change of status to a visa which permits “Dual Intent” is required before
Related Questions
- I entered the country illegally; can I apply for a non-immigrant visa or a green card (lawful permanent residence) without having to leave the U.S.?
- Can I apply for a nonimmigrant visa and abandon my Lawful Permanent Resident status/"green card" at the same time?
- Is the visa dual intent? Can I apply for Permanent Residency/Green card later?
