Immigration Form

Non-Immigrant Visa Denial: Immigrant Intent

Millions of people file for visas every year. While most are approved, there are still millions that are denied. Some reasons are straightforward, like a missing document, while others can seem to have no explanation. In this blog, we’ll explain the number one reason why non-immigrant visas are denied—immigrant intent.

Immigrant vs. Non-Immigrant Visas

Visas allow people from foreign countries to come to America. The reason behind the visit is what differentiates the various visa types from each other. The two main categories are immigrant and non-immigrant. Some examples of non-immigrant visas can allow someone to remain in America for years, while some cover shorter periods like a brief vacation or a semester abroad.

Immigrant Intent

Non-immigrant visas cover trips to the U.S. for a variety of reasons, but the one thing that unites them all is that they are not meant for those seeking permanent residence in the country. If the consular officers believe that someone is applying for a non-immigrant visa, but intends to overstay their visa and permanently move to the U.S., they can deny the applicant based on immigrant intent.

You may be wondering. How can a consular officer make that determination? Well, it’s important to remember that the consulate office has the ultimate authority to decide the status of your visa application. However, you can demonstrate your desire to return to your home country with the right evidence. Some reasons that you would return to your home country could be:

  • A spouse

  • Children

  • Property

  • Family

If you show to the consular officers that you have a reason to go back home, they are less likely to reject your application based on immigrant intent.

Sintsirmas & Mueller Co. L.P.A. has more than 50 years of collective legal experience and can offer you a free consultation. Give us a call at (888) 491-8770 or fill out an online contact form.