nonimmigrant intent

Nonimmigrant intent – Whenever a foreign national is applying for a U.S. nonimmigrant visa, they are required to provide proof that they will return home after their intended trip to the United States. This standard of proof is known as nonimmigrant intent, and it requires that the individual prove that they have no intent of abandoning their home country.

Why is Having Nonimmigrant Intent Important?

Having an applicant demonstrate that they have sufficient ties to their home country is a key inquiry for immigration officials before they decide to issue a nonimmigrant visa. This is an important determination to make because the U.S. Government does not want people skirting its immigration laws by getting nonimmigrant visas to the U.S. without having to wait in line for another type of immigrant visa.

How Do I Prove Nonimmigrant Intent?

Keep in mind that immigration officials always operate on the assumption that the applicant has immigrant intent, or that they plan to stay in the United States if they are awarded a visa. This assumption can be difficult for some individuals to overcome, which is why the most common reason for having a visa denied is the failure to prove nonimmigrant intent.

In order to prove nonimmigrant intent, an applicant must prepare sufficient documentation to show that they have substantial ties to their home country. This kind of documentation should include:

  • Proof of property ownership;
  • Bank statements;
  • Letters from employers;
  • Proof of compliance with previously issued visas;
  • Evidence of family and other relationships in home country;
  • Other evidence your immigration attorney suggests.

Do I Have to Prove Nonimmigrant Intent for Every Type of Visa?

No. Not every visa has a condition of nonimmigrant intent. Some visas, such as H-1B, L-1 and O-1 visas are very popular because they allow for the holder to have “dual” intent. This means that the holder is permitted to apply for a green card while they are in the U.S. on their temporary visa.

If you or someone you know is interested in applying for a visa to the United States, consider setting up a consultation with an attorney at Gilles Law, PLLC. You can reach us at 980-272-8438 at our office in Uptown Charlotte. We are here to assist with your inquiries.

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