What is Immigrant Intent?
Although the U.S. welcomes millions of visitors each year, the government is much more selective about who it allows to immigrate to the U.S. to live and work permanently. Immigrant intent is an important concept which could come into play in your immigration case. If USCIS believes you intend to immigrate, they can deny a tourist or other temporary. Call our firm for help addressing any concerns raised by USCIS. Our firm believes in a proactive approach to all immigration issues.
The Definition of Immigrant Intent
Essentially, “immigrant intent” describes an individual’s plan to stay permanently in the U.S. if legally admitted. Put simply, you don’t intend to merely stay temporarily; you want to live in the U.S. on a permanent basis.
When issuing a temporary visa, USCIS will look for signs that you intend to immigrate instead. If they don’t believe you intend to stay temporarily, they will probably deny the visa. Other complications can arise.
Where Immigrant Intent Matters
USCIS will be focused on intent in various situations, usually involving temporary visas:
- Tourist visa. You must demonstrate that you don’t intend to live in the U.S. permanently. Instead, you’ll need to establish ties to your home country, such as employment or family.
- Business visa. The U.S. makes B-1 visas available for business visitors to attend meetings or conferences, or to sign contracts. You can’t use this visa to come to the U.S. and work a job for pay. USCIS can be skeptical of people trying to obtain this visa.
- Student visa. Many students want to stay after completing their application. However, options to stay are limited. Instead, you usually need to prove an intent to leave when you complete your education.
Some categories are “dual intent.” That means that you can use the visa to enter the U.S. temporarily but also intend to apply for permanent residence (green card) in the future. The H-1B visa is an example. However, most visas are temporary, and you need to know ahead of time if you are seeking a dual intent visa or not.
What if USCIS Thinks I Had Immigrant Intent?
The U.S. might deny your visa if they are not convinced you intend to return home before the visa expires. Immigration officers assess your intent during a visa interview, at the consulate and the port of entry.
Our office helps our clients prepare for these interviews. We can identify specific pieces of information to show your intent to return home. This type of proactive strategic planning increases the odds of admission into the U.S.
Immigration intent can matter if, for various reasons, you end up trying to adjust status in the U.S. USCIS might believe you lied when you entered the U.S. initially on a temporary visa.
Get the Legal Help You Need by Contacting Our Office
The Law Office of Jason M. Sullivan, PLLC, has helped countless immigrants and their families in all sorts of immigration matters. Reach out to our law firm to speak one-on-one with a Portsmouth, New Hampshire or Miami, Florida attorney.