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Comment by timr

18 hours ago

My understanding is that the dual-intent visa categories have change-of-status rules written into law.

The adjustment of status process is written into law for all non-immigrant visa categories (except for a couple weird ones, like the visas for crew of ships and aircraft).

  • If you mean that there is a general law related to change-of-status that was passed in the 70s (or whatever), then yes. But I'm referring to specific wording in the dual-status visa categories (and perhaps some others?) that explicitly prevent the administration from applying this change of interpretation to those categories.

    • Can you point to the actual statute you're talking about? To my knowledge "dual-intent" only means that the requirement in INA 214(b) that they are presumed to be immigrants until they demonstrate otherwise does not apply. I'm unaware of anything in the adjustment of status process that is different for those on dual-intent visas.

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