Nonimmigrants Must Overcome Presumption of Immigrant Intent
2 min read
Under U.S. immigration regulation, if a foreign national applies for a nonimmigrant visa or admission to the US as a nonimmigrant, the application frequently must be approved if the individual can demonstrate a lack of immigrant intent. There are a couple of notable exceptions to this general rule, for example, for H1B and L-1 candidates. Most other foreign nationals who wish to come temporarily to the US should overcome the automatic legal presumption of immigrant intent.
Maintaining Ties Abroad in Home Country
For many visa categories, including F-1, B-1/B-2, and J-1, the foreign national should maintain a residence abroad, with no intention of abandoning it, to show nonimmigrant expectation. As well as giving proof of the dwelling (e.g., house, apartment) in which the candidate lives, it is important to also detail different connections to the nation of beginning. permanent employment abroad, strong financial or business ties, or close family ties (assuming the family is not also traveling to the United States) can be in every way used to show a lack of immigrant intent. Documentation showing that the candidate has recently engaged in international travel. Whether to the US or somewhere else, can help to show stronger ties to one’s residence abroad.
214(b) Refusals Based on Presumption of Immigrant Intent
The burden is generally on the visa candidate to beat the assumption of immigrant goal, and it is at the discretion of the consular officer to determine whether the burden has been met. This wide caution can lead to a lack of uniformity as to how this concept is applied. Regardless, if the candidate neglects to prove sufficient ties to the country of origin to the satisfaction of a consular officer. The visa typically will be declined as per INA §214(b).
The doctrine of Dual Intent
Under the Immigration and Nationality Act (INA), the L-1 and H1B categories, and corresponding L-2/H-4 dependent classifications. Are explicitly absolved from the presumption of immigrant intent. This is often communicated as “dual intent,” implying that such people might expect to enter temporarily as a nonimmigrant. But may also intend to permanently immigrate to the United States at a later date.
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A few other nonimmigrant categories, including O-1 and P-1, enjoy a kind of semi-dual intent status. Although the INA doesn’t absolve such candidates specifically from the immigrant intent requirement. The applicable guidelines prevent requests for such classifications. From being denied based merely on having an approved labor certification or immigrant petition.
Conclusion
It tends to be challenging to characterize and evaluate the idea of immigrant intent. But this idea plays a significant part in U.S. immigration regulation. Foreign nationals hoping to travel to the United States in a nonimmigrant status should know all about this idea. And the steps that should be taken to overcome the presumption of immigrant intent.
