Why Are the Majority of Non-Immigrant US Visas Denied?

Many foreign nationals seeking non-immigrant us visas are unclear about the “presumption of immigrant intent” and are consequently denied their visas because thenon-immigrant-us-visasy are unable to prove their temporary nature of their stay in the U.S. Why are the majority of non-immigrant visas denied? What must a foreign national know when seeking a non-immigrant visa? The following will attempt to clarify the doctrine of dual intent and provide a quick summary of non-immigrant visa classifications that support the dual intent policy.

What Is Your Intention in Seeking a Non-Immigrant US Visa?

Non-immigrants wishing to enter the United States are presumed to have immigrant intent, that is, it is assumed that the applicant wants to live in the U.S. permanently. As such, many non-immigrant visas are denied because the non-immigrant visa applicant is unable to demonstrate that they intend to leave the U.S. upon expiration of their visa. Being unable to show significant family or employment related ties to their country of origin to the satisfaction of the consular officer often proves detrimental to the approval of the applicant’s non-immigrant application. This holds particularly true if the applicant’s entire family lives in the U.S. or the consular officer is aware of a pending immigrant petition filed by the applicant.

A foreign national who seeks to enter the U.S. as non-immigrant in most visa classifications is responsible to prove that his or her intent to come to the U.S. is strictly temporary and that they have the intent to return to their country of origin. In other words, foreign nationals entering in most non-immigrant visa categories should not have the intent to remain permanently in the United States.

Dual Intent Your Way to Gain Entry with a Non-Immigrant Visa to the US

There are various non-immigrant visa categories where the preceding is not a requirement. The doctrine of dual intent dictates that you can enter and remain in the U.S. lawfully as a non-immigrant while at the same time not actually maintaining a foreign residence and/or having immigrant intent. This holds true, with some limitation, for various employment visas including H and L Visa category visas, O and P visas, and E visas.

If you’ve been denied a non-immigrant visa under, the Doctrine of Dual Intent policy, we suggest you to consult an attorney before you re-apply, or apply in any other non-immigrant visa classification or status. Book a consultation online today or fill out our Free Online Immigration Assessment.

Michael Niren

About Michael Niren

Michael is a graduate of Osgoode Hall Law School in Toronto. He is a member of the Law Society of Upper Canada, the Canadian Bar Association’s Citizenship and Immigration Section and the Associate Member of the American Bar Association. Read more

The content and comments of this blog are not legal advise and and may not be accurate or complete. If you require legal advice, contact a licensed legal practitioner directly. If you post on this blog, you assume full responsibility for disclosing your identity to the public and VisaPlace nor its affiliates are not responsible for protecting your privacy nor your identity concerning your participation in our blog and you assume any risks in participating.

Customer Reviews

Thanks to Alicea and Rania for their excellent service. This is the 2 nd time we are using them and they have always delivered successful results, even where other law firms has been unsuccessful. Alicea has been especially helpful and available to address all our concerns. She has an excellent work ethic. We will be using them again and always recommend them to our friends.

K Win the last week

Migrating is a hard task for anyone. Finding a job is even harder. Once I got a job offer, things started moving rapidly. So, I called used VisaPlace (Niren and associates) to assist with the process. Rania and Richard deserve the utmost respect in getting the job done. They have been patient with me and some set backs. Very professional.! Hands down, money was well spent. Thanks Rania and Richard, you make an awesome team. You'll definitely have a repeat customer with me !! I was very impressed at how well they were organized and had a positive experience. Very good and professional work led to a successful outcome. I highly recommend using VisaPlace.

RenaisTT4 weeks ago

I'll like to say I had an awesome initial consultation with Rania Abboud. She was knowledgeable, made the initial process easy and understood my situation. I am excited and hopeful to continue consulting this company. You do a great job for immigrants. Also, Natalie Walcz was great, she handled my situation professionally. Great team. Definitely assets to your company.

Jeffery Yirenkyia month ago