When applying and traveling to the United States on a nonimmigrant visa, the traveler cannot have the “preconceived intent” (aka immigration intent) to stay permanently in the United States. If the applicant’s original intent is to remain in the United States and apply for residency or adjust status, then it can result in serious consequences, including being charged with committing fraud or misrepresentation on your original nonimmigrant visa application!
What is Immigration Intent?
Immigration intent refers to an applicant’s stated and demonstrated intentions regarding their stay in the United States. Different visa categories require applicants to prove specific types of intent, which influences how immigration officers evaluate their applications. Broadly, immigration intent is divided into two categories:
Immigrant Intent: This pertains to individuals who aim to move permanently to the United States and includes family-sponsored and employment-based green cards.
Non-Immigrant Intent: This applies to individuals who intend to visit the United States temporarily. Examples include tourists, student, and business visitors. For a nonimmigrant visa, applicants must demonstrate that they have ties to their home country and intend to leave the United States the expiration of their visa.
Why Does Immigration Intent Matter?
United States immigration laws are designed to ensure that individuals use the appropriate visa pathways for their intended purpose; therefore, if an applicant’s actions or documentation suggest a mismatch between their visa application and their true intentions, this can result in visa denial, revocation, or even long-term bans.
Consequences of Mismatching Intent
Immigration officials do understand that sometimes unexpected things happen, which result in a change of circumstances that necessitate a person to remain in the United States and adjust status; however, please note that after applying for residency, government officials will examine your original intent when you applied for your nonimmigrant visa. If they decide that you lied on your original application, they can deny your immigrant visa petition and subject you to a permanent ban from having a petition approved on your behalf in the future. While certain waivers exist to ask the government to “forgive” the fraud/misrepresentation, not everyone will qualify for a waiver and they can be difficult to obtain.
If you are interested in visiting or moving to the United States, and need more clarification on immigration intent or other immigration advice, you can schedule an appointment with us online. You may also call us at (970) 680-1223. Our attorneys are authorized to practice immigration law in all 50 states and represent clients around the globe!
*Please be advised that this is not intended to be legal advice nor does engagement with this post create an attorney-client relationship.
Current as of January 6, 2025