06/19/2015
Dell'Ariccia Sara, Riznyk Steven
When we research immigration cases for our appeals and motions to reconsider, we find ourselves increasing our knowledge base exponentially, as each case is very rich in outlining a number of factors. This was the case when we read a case calledGaravito v USINS, 901 F2d 173 (1990) again this week. Although it dealt with a number of issues, one issue of paramount importance is was the one of dual intent, which many people do not understand.
When you apply for a nonimmigrant visa in the United States, you must have an intent to return home at some set time; the E2 is the only visa that does not actually provide you with a date. However, let’s say you are visiting as a student and meet someone you want to marry. That is inconsistent with a student visa, because you are demonstrating an ‘immigrant’ intent. Well, if you enter on an E2, you must have an intent to return to your country of origin at some unknown time in the future, However, what if you have a brother in the United States and he files for your Green Card? Is that not inconsistent with the intent to leave? Yes. However, the E2 visa, along with the L, H, O, and P, allow for this. So, if you change your mind and decide to immigrate to the United States, you are able to do so and still renew your E2 visa while waiting for the Green Card date to come through, called a Priority Date. If you were on a non-dual-intent visa such as the F1 or M1 student visas, this would not be possible and you would have to return to your country of origin. Another case that supports the fact that if you are the beneficiary of an immigrant visa, your nonimmigrant visa is not rendered invalid (although if not a dual intent visa, it won’t be renewed) is Brownell v Carija, 254 F2d, 78, 80 (DC Cir 1957). A member of the dual intent doctrine, yet another benefit of one of our favorite visas.
Avv. Sara Dell'Ariccia
Avv. Steven Riznyk