What is the presumption of immigrant intent

A non-immigrant visa is a temporary visa; your stay is restricted to the activities for which the visa was awarded. Therefore, in order to obtain a non- immigrant visa you must be able to prove that you do not intent to immigrate to the United States.  This is called the presumption of immigrant intent.

It may seem surprising, but once your temporary visa application has been received, American authorities assume that you wish to immigrate permanently to the United States. As a matter of fact, according to American immigration law, “Every alien … shall be presumed to be an immigrant” … “until he establishes to the satisfaction of the consular officer, at the time of application for a visa, and the immigration officers, at the time of application for admission, that he is entitled to a non-immigrant status” (INA § 214 (b)). Accordingly, the foreign national must absolutely overcome this notorious presumption by demonstrating that he or she does not have immigration intent, which would contradict the non-immigrant-type visa he or she is seeking.

Although there are no standard required documents to do so, as each case is different, the list below will give you a good foundation:

  • Proof of the purpose of your trip
  • Your round-trip ticket showing proof of a return date
  • Proof of sufficient funds to cover trip-related expenses
  • Family ties in your home country
  • Bank statements
  • Proof that you are employed by a company in your home country or in the country in which you currently reside, if applicable
  • Proof of permanent residence in your home country (or in the country in which  you currently reside)
  • If you are traveling to the United States to start  a   business,   proof   that   the   assignment  is

temporary and that you will be paid by an employer in your home country, if applicable.

Of course, this list is not exhaustive and other supporting documents may be needed to  overcome the presumption of immigrant intent. You should be prepared to supply factual and true personal information to support your application.