I notice there is some confusion?
A procedure can be categorized as circling or straight in if the criteria are met.
But what you will fly especially in a procedure categorized as "circling", is another aspect.
You can go execute a NPA categorized as "circling" with no straight in minima and still when visual reposition the aircraft for landing without circling the airport in any way. However one has to consider VDP.
Many old NDB procedures are "circling" procedures and have nothing to do with the approach track, but with terrain, obstacles and the navaid. Many of them are flown with a long final.
Now if the only way is to fly almost the threshold and circle, of course it's legal. But it's the final choice.