What is “Immigration Intent” and why does it matter?
“I want to come into the United States on my tourist visa, marry my American citizen fiancée and then apply to adjust my status so I can get a green card. Is this allowed?”
When applying and traveling to the United States on a temporary visa (nonimmigrant visa), the traveler cannot have the “preconceived 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!
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 moving permanently to the United States, please contact Aspire Visa Attorneys at www.aspirevisaattorneys.com or (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 December 4, 2023
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