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What's the deal with "immigration intent"? |
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US immigration law distinguishes between a non-immigrant visa and an immigrant visa. The law says, in effect, that "everybody who comes must have an immigrant visa, unless he proves that he does not plan to immigrate." There are a few exceptions from this rule. For instance, a fiancee visa (K visa) is for people who explicitly plan to immigrate. Also, certain long-term work visas (such as H-1 or L-1, and their families) are exempt from this rule.
And that means that it is your responsibility to provide evidence that you will return to your home country. If you can't, the consulate will assume that you have immigration intent and deny your visa.
Notice that I am saying "the consulate". It does happen that BCBP officers at the port of entry will look into immigration intent, too, but usually, they will defer to your visa and leave this work to the consulate.
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