Proving Nonimmigrant Intent
Two principal visa categories exist. The first, are those visas that fall within the “Immigrant Visa” category. Immigrant visas are available to those seeking to permanently remain in the U.S. The second category, referred to as “Nonimmigrant Visas,” is a viable option for those seeking to visit the U.S. on a temporary basis.
Nonimmigrant Visas
Applying for a nonimmigrant visa is an avenue to temporarily remain in the U.S. for those desiring to travel to the U.S. to visit the various tourist destinations, to conduct business in the U.S., receive medical treatment in the U.S., or engage in temporary work in the U.S. See http://travel.state.gov/visa/temp/temp_1305.html
B-1/B-2 Nonimmigrant Visa
One common visa category, B-1/B-2, visitor for business or pleasure, is a common nonimmigrant visa category. A B-1 visa is commonly used by those individuals longing to enter the U.S. for purposes of conducting business on a temporary basis. Whereas a B-2 visa, is a feasible option for individuals seeking to enter the U.S. for pleasure, tourism, medical treatment or to engage in personal affairs. http://travel.state.gov/visa/temp/types/types_1262.html
Applying for a B-1/B-2 nonimmigrant visa involves several steps, the submission of relevant applications pertaining to the prospective nonimmigrant’s reason for coming to the U.S., and the submission of various supporting documents. Though the application process may seem complex, it is manageable through the proper assistance of counsel.
Presumption of Immigrant Intent
However, there is one major hurdle that a foreign national seeking to apply for a nonimmigrant visa to the U.S. The foreign national must overcome the presumption of immigrant intent.
Pursuant to U.S. immigration law, “every alien nonimmigrant . . . shall be presumed to be an immigrant . . .” until such alien demonstrates to the consular officer at the time the visa is applied for, and to the immigration officer at the time of admission, that he possesses nonimmigrant intent. See INA § 214(b). It is imperative that the foreign national overcomes the presumption of immigrant intent, and demonstrates that he does NOT harbor immigrant intent, as this would be contradictory of the nonimmigrant visa category that the nonimmigrant is seeking to enter the U.S. under.
Evidence to Overcome the Presumption of Immigrant Intent
Certain evidence must or should be submitted with the nonimmigrant visa application in order to defeat the presumption of immigrant intent. The following documentary evidence is sufficient in most instances to overpower the presumption of immigrant intent:
Evidence demonstrating the purpose of the trip;
Intent to depart the U.S. via a round-trip ticket;
Arrangements to cover the costs of the trip;
Family ties to the foreign national’s home country;
Bank accounts in the foreign nationals home country;
Employment in the foreign nationals home country;
Proof of permanent residence in the foreign national’s home country;
If the foreign national is coming to conduct business in the U.S., proof the duration of the business is temporary, and that the foreign national will be paid abroad by his employer;
Any other relevant evidence that would demonstrate the foreign national intends to depart the U.S. upon expiration of his visa.
See http://travel.state.gov/visa/temp/types/types_1262.html. This list is not comprehensive, and a plethora of other avenues exist to help overcome the presumption of immigrant intent. Provided you are prepared with the appropriate documents accompany your application, this burden may be satisfied.
For further information on applying for nonimmigrant visas to enter the U.S., and overcoming nonimmigrant intent, please contact our offices.
