Is E2 dual intent ( E2 and USC spouse)

[SusieQQQ 11,587]

3 hours ago, HRQX said:

Correct; E-2 is like quasi dual intent.

8 CFR 214.2(e)(5): As an example, an E-2 status or extension "may not be denied solely on the basis of … a filed or approved immigrant visa preference petition."

Not solely. But in this case the spouse actually intends to use it to AOS, which is not permitted. If asked he has to be truthful. 

[designguy 1,179]

There are certain rights (ie tax liability) that need to be waived when AOS from E2. Form I-508 would need to be filed

[fs2439 46]

Just sharing information that may or may not be useful. I'm on an o, which is also quasi dual intent. My lawyer recommended that I NOT travel after adjusting status and before ead for the risk of being turned down at the border l. although they Should Not turn me down, per the regulations, they have discretion to do do and therefore travel was not advised

[geowrian 22,337]

FAM for O visas: https://fam.state.gov/fam/09FAM/09FAM040213.html#M402_13_5_B

Quote

9 FAM 402.13-5(B)  Effect of Filing Immigrant Visa Petition

(CT:VISA-713;   11-30-2018)

DHS has determined that the approval of a permanent labor certification or the filing of a preference petition for an alien shall not be a basis for denying an O-1 or O-3 petition, a request to extend such a petition, or the alien’s application for admission, change of status, or extension of stay.  The alien may legitimately come to the United States for a temporary period as an O-1 or O-3 nonimmigrant and depart voluntarily at the end of his or her authorized stay and, at the same time, lawfully seek to become a permanent resident of the United States.

and

Quote

9 FAM 402.13-10  REFUSING O VISAS

(CT:VISA-713;   11-30-2018)

a. Applying 214(b): An O-1 applicant is presumed to be an immigrant until he or she establishes to your satisfaction that he or she is entitled to O-1 nonimmigrant status, and the standards for applying 214(b) described in 9 FAM 302.1-2(B)(3) apply to O-1 applicants.  Under 8 CFR 214.2(o)(13), a "temporary" intent to remain in the United States is a requirement for O-1 classification.  However, an applicant for an O-1 visa does not have to have a residence abroad which he or she does not intend to abandon.  Further, as explained in 9 FAM 402.13-5(B) above, “dual intent” is permissible for O-1 visa holders. These same standards apply to O-3 aliens accompanying the O-1 principal applicant.

 

Edited January 10, 2020 by geowrian