National Immigration Services
An Immigration Law Firm

MyVisa.com

     
   

 
Green Cards
Temporary Visas
Hire our law firm
About us
Download free forms
Buy Immigration books

 

 

How do I prove nonimmigrant intent? 

 

For aliens seeking a nonimmigrant temporary visa stamp, one of the key issues to overcome is the presumption of immigrant intent. That is, consular officers automatically assume that those seeking to enter the U.S. to do with the intent to get a green card and remain indefinitely.

Thus, during the interview at the consulate, the visa applicant will have to show that there are significant factors in his life which will require that the applicant return to his country upon the expiration of the requested visa status. The following points can help to show this.

  1. Family in the home country. It is important that the alien show significant ties to the home country. This can be in a variety of areas of his life. For family, the applicant will have to show the presence of his immediate and extended family in his home country. 

    The more family located in his home country, the less the consular officer will think that the applicant will leave them to stay in the U.S. As a corollary, the presence of any family members in the U.S. could serve to hurt the applicant’s claim of nonimmigrant intent as the consular officer is likely to think that the whole family is in the process of moving over.

  2. Career opportunities at home: It would beneficial if the visa applicant can show that she is leaving a good job at her home country or has a job waiting for her upon her return. This is particularly important for applicants seeking a student visa to study in the U.S. This would help persuade the consular officer that upon the student’s completion of studies, she will return to her home country rather than seeking to change her status to H-1B.

  3. Ownership of property: It is helpful to produce copies of ownership records and title in property

  4. Membership in groups. If you are actively involved in a community, you will be considered to be more likely to return to your community in your home country. The kinds of groups could be a social group or a religious group like a church.


 

   
   

 

Copyright © 1997-2001 National Immigration Services All Rights Reserved

Disclaimer:
This is an advertisement, no attorney/client relationship is established by viewing the contents of this site. As immigration law is constantly changing, information is provided as-is and does not constitute legal advice. Visitors are urged to contact experienced immigration counsel for their immigration matters.