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timryesterday at 4:26 AM1 replyview on HN

I'm not sure which statute you're talking about. The one establishing adjustment of status as a process was the immigration act of 1952; 8 USC 1255:

https://codes.findlaw.com/us/title-8-aliens-and-nationality/...

With the caveat that I'm absolutely not an expert in this area and have no clear idea what changes have been made since, it's still highly informative to read this section and the carve-outs that were made at the time.

My current understanding is that the creation of "dual-status" visas (immigration act of 1990) paved the way for using the adjustment-of-status process established 8 USC 1255 for those particular visas (like H1B), and thus makes those visas less vulnerable to a change of interpretation by the executive branch. Contrast to, say, a regular tourist visa.


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khueyyesterday at 4:36 AM

Yes, I'm asking what carveout for dual-intent visas you're aware of in the Immigration and Nationality Act. The section on adjustment of status, INA 245, doesn't mention dual-intent at all.

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