Preconceived intent means entering the U.S. on a temporary visa, like a tourist or student visa, with a secret plan to stay permanently. This can be a problem when applying for a green card, especially if it appears that the non-citizen used a temporary visa to avoid the regular immigration process. However, in certain cases—such as being married to a U.S. citizen—immigration officers may approve the green card anyway. This blog explains how the concept works, using the real case Matter of Cavazos as an example.
What Is Preconceived Intent?
Preconceived intent refers to a situation where a person enters the United States on a temporary (nonimmigrant) visa but already plans to remain in the country permanently. U.S. immigration law expects nonimmigrants to follow the purpose of their visas. For example, someone entering on a tourist visa is expected to leave when their visit ends. If they instead stay and apply for permanent residency, U.S. Citizenship and Immigration Services (USCIS) may question whether they were honest about their original intent.
Why Preconceived Intent Matters
If USCIS or an immigration judge believes that a person had preconceived intent, they may deny that person’s green card application—even if they are otherwise eligible. This issue most commonly comes up when someone enters the U.S. on a tourist or student visa and soon after gets married to a U.S. citizen or files for adjustment of status.
Immigration authorities assume these individuals may have misrepresented their intent at the border or visa interview, which could be grounds for denial.
The Case: Matter of Cavazos
In the Matter of Cavazos, a Mexican citizen entered the U.S. on a temporary border crossing card in July 1976. On the same day, he married his U.S.-citizen spouse. The couple had a child born in the United States two years earlier. Later, the man applied for a green card (adjustment of status) based on his marriage. An immigration judge denied his application, saying he had entered with preconceived intent to stay permanently. This decision was based on the quick marriage and his close ties in the U.S. before entry. However, the Board of Immigration Appeals (BIA) reversed the denial. They acknowledged that there might have been preconceived intent but emphasized that the man had strong positive factors in his case.
How the Court Handled Preconceived Intent
The BIA pointed to an internal Immigration and Naturalization Service (INS) policy: Operations Instruction 245.3(b). This guideline stated that even if there is evidence of preconceived intent, a person may still qualify for adjustment of status if there are strong “equities” in their case. In this situation, the key positive factors included:
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The applicant was married to a U.S. citizen.
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The couple had a U.S.-citizen child.
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There were no additional negative immigration issues.
Because of these factors, the BIA ruled that the man should be allowed to adjust his status and become a lawful permanent resident.
What This Means for Applicants Today
Preconceived intent is still a factor USCIS considers. However, strong family ties, especially marriage to a U.S. citizen, can often outweigh this concern.
Applicants should know:
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Immigration officers look at the whole situation.
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A finding of preconceived intent does not always lead to denial.
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Adjustment of status may still be granted if the applicant has positive equities, like family ties or no immigration violations.
Tips for People Applying for a Green Card
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Be honest about your immigration history.
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Avoid filing for adjustment of status immediately after entering the U.S. on a temporary visa, if possible.
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Talk to an experienced immigration attorney, especially if you entered the U.S. recently and now want to apply for a green card.
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Understand the 90-day rule used by consular officers, which may influence how your intent is judged.
Conclusion
Preconceived intent can be a serious issue in U.S. immigration, but it is not always a barrier to a green card—especially for spouses of U.S. citizens. The Matter of Cavazos shows that immigration authorities can and do consider the whole picture.
Legal advice can help you understand your options and avoid mistakes if you are in a similar situation.
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