What is Section 218 of the INA?

Immigration to the United States involves many rules and legal details that, at first glance, may seem complicated. One of these rules is Section 218 of the Immigration and Nationality Act (INA), a legal provision that brings important clarifications when it comes to immigrant and nonimmigrant intent.

In summary, Section 218 of the INA provides that, under certain conditions, the fact that an individual has a pending immigrant visa petition does not prevent him or her from applying for a nonimmigrant visa, which normally requires the intent to return to the country of origin. This provision avoids conflicts and facilitates that people in the immigration process may travel or temporarily stay in the U.S. without renouncing the permanent residency process.

In practice, this section allows for ”dual intent” for certain visa categories. However, this flexibility does not apply to all visas, such as the H-2A, which requires a clear intent to return.

It is essential to understand and apply the rules correctly, seek reliable guidance, and act cautiously to avoid problems and misinformation during the immigration process.

Victoria Harper

Editor-in-Chief

Meet the author

Leading journalism and editorial content at Visto n’ Visa, Victoria helps make immigration topics clear, trustworthy, and easy to understand. Her focus is on delivering useful, human, and relevant content for people exploring new paths abroad.