How to Establish Nonimmigrant Intent

Under the Immigration and Nationality Act (INA), every foreign national seeking entry into the United States is considered an “immigrant” unless they demonstrate otherwise. The burden is with the foreign national to establish that they have “nonimmigrant intent”, or that their stay within the United States will be temporary. Nonimmigrant intent can be established with the following:

  1. Evidence of employment
  2. Proof of foreign residence
  3. Evidence of financial support or assistance
  4. Evidence of educational ties
  5. Utility bills
  6. Income tax returns
  7. Confirmed return date
  8. Sufficient funds for intended trip
  9. Contact name of family member, friend, or individual who you, the passengers, is/are traveling to see in the U.S.
  10. Address and/or telephone number where you can be reached in the U.S.
  11. Any other relevant evidence to establish your nonimmigrant intent and permanent ties to your home country.

Failure to establish nonimmigrant intent to the satisfaction of the inspecting officer will result in refusal of your entry into the United States. Issues of nonimmigrant intent generally arise when individuals spend excessive amounts of time within the United States, have permanent ties to the United States, and fail to answer the questions presented to the satisfaction of the inspecting officer. We successfully help individuals establish nonimmigrant intent to facilitate their temporary entry into the United States. If you have been flagged for having immigrant intent, contact us today so that we can apply our experience in your favor.

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