Filing for a visa is not an easy process. There are a lot of requirements, and ultimately, U.S. law allows for consular officers to approve or deny visa applications. Government data shows that more than 3 million applications were denied in 2018. That’s a lot of stories and a lot of cases. Luckily, you have an opportunity to correct mistakes or locate missing documents. Many cases that are initially ruled ineligible are overcome. If you are attempting to get a non-immigrant visa to the U.S., remember that despite the number of denials, over 9 million non-immigrant visas are approved.
Immigrant vs. Non-Immigrant Visas
There are two main types of U.S. visas—immigrant and non-immigrant. If someone needs a visa for temporary work, or to be a student, it is considered a non-immigrant visa. On the other hand, if an applicant desires permanent residence than they would need to apply for an immigrant visa.
Immigrant Intent
Many reasons for visa denial are shared between immigrant and non-immigrant visas. However, this denial is specific to non-immigrant visa applications. This is the most common reason for an application to be rejected. If a consular officer believes that a non-immigrant applicant intends to overstay their visa and immigrate to the U.S., their application can be denied under the immigrant intent provision.
The best way to prove that an applicant does not intend to immigrate is by explaining the reasons why they would want to go back to their home country. For example, they have a spouse or children that are staying in their home country that the applicant would want to return to.
Need help with your case? The lawyers at Appel & Morse have over thirty years of legal experience and can offer you a free consultation. Give us a call at (805) 467-6060 or fill out an online contact form.