Immigrant intent and the student visa

Hello,

If someone has been deemd to have "immigrant intent" in the past what is the likelihood they will be admitted back into the US on a student visa (non-immigrant). I understand there are three criteria: a) established residence in home country; b) intent to return home after visa expiration; c) ability to support yourself financially. Based on this criteria it would appear to me that if someone has been deemed to have immigrant intent in the fairly recent past (about 10 months) it will be a tall hurdle for them to prove non-immigrant intent. Does anyone have any experience or know of any stories relating to this?

My friend is in this position and we maintain some sense of optimism despite the test because the border officer who turned him back the first time told him that he would let him if he returned with a visa.

Any input is appreciated.

Thank you.

You would need to describe what situation led to the presumption of immig intent.

It that situation still exists, then the presumption will also.

If it was based on relationship with someone in US, and that relationship still exists....

However, entry on a student visa, instead of entry under the guise of a tourist to live with one's girlfriend, for example, are not usually treated the same -- as the officer intimated. One is legit, the other is not.