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U.S. Nonimmigrant Visas & Overcoming The "Immigrant Inent" Presumption

By The Houston Immigration Attorneys at the Law Offices of Steven Tuan Pham.!

Non-immigrant visas are for those individuals that intend to come to the U.S. on a temporary basis for a specified amount of time. With the exceptions of a few categories, most non-immigrant visa applicants must demonstrate that he or she does not have the intent to permanently reside in the U.S. Because of fraudulent applications, the U.S. Consular Offices abroad are keen to identify and deny such applications. All non-immigrant visa applicants are presumed to have immigrant intent. Therefore, it is up to the applicant to overcome the immigrant-intent presumption. Often, this high level of inspection and qualification has adverse affects to qualified applicants.

Non-Immigrant Applications consists of the followings:

The Immigration & Nationality Act (INA), enacted in 1952, governs immigration and naturalization law in the U.S. The U.S. Department of State (DOS), the U.S. Department of Homeland Security (DHS), and the U.S. Department of Justice (DOJ) are delegated with the duties to regulate and enforce the Act. The U.S. Department of Homeland Security, is tasked with duties to pass regulations that are in accordance with the INA, reviewing applications and petitions, and enforcing regulations and the Act within the border of the U.S. Within DHS, the U.S. Citizenship & Immigration Services (USCIS) review and assess qualifications of various applications and petitions filed within the U.S. The Immigration & Custom Enforcement (ICE) enforce compliances by employers and foreign nationals within the U.S. Finally, the U.S. Custom & Border Patrol is tasked with the job of securing the U.S. border and illegal trafficking of illegal immigrants.

  • B-1 Visitor for Business and B-2 Visitor for Pleasure Visas
  • E-1 Treaty Trader & E-2 Treaty Investor Visas
  • E-3 Australian Specialty Worker Visas
  • F-1 & M-1 Student Visas
  • H-1B & H-4 Temporary Specialty Worker Visas
  • K-1 Fiance and K-3 Spouse Visas
  • L-1A & L-1B Intra-company Transferee
  • Blanket L Visas
  • TN-1 – Canadian Temporary Professional Worker Visas
  • O-1 Entertainers, Athletes, & Researchers’ Visas
  • R-1 Religious Worker Visas
  • T Visas Victims of Trafficking
  • U Victims of Crime Visas

  • Most non-immigrant visas are intended to be temporary in nature. Because of the number of people who seek to enter and remain in the U.S. on a permanent basis, the U.S. Department of State issued guidelines, the Foreign Affair Manuals, in which the U.S. Consular Officers will presume that all non-immigrant applicants have immigrant intents. Unless the non-immigrant visa is one of the few that is considered to be “dual-intent,” all other applicants must demonstrate that the foreign national has the intent to leave the U.S. upon the completion of his or her visa status, usually stamped on the foreign national’s I-94 at the port of entry. “Dual-intent” visa applications, which includes H-1B and L-1 Visa applicants, need not demonstrate such intent.

    Please contact the Houston Non-Immigrant Visa Attorneys and the Houston Consular Processing Lawyers at the Law Offices of Steven Tuan Pham. for more information regarding proving one’s intent to depart the U.S. If you intend to file any visa application through the U.S. Consular Offices abroad, or if you are facing difficulties or received denials upon filing a non-immigrant visa abroad, please contact the experienced U.S. Nonimmigrant Visa Application Lawyers and the Houston Immigration Consular Processing Attorneys at the Law Offices of Steven Tuan Pham. for assistance. Our U.S. Immigration Attorneys have assisted clients in successfully filed numerous nonimmigrant visa applications, as well as consular processing applications. Some of these applications were approved even after the initial denial from the USCIS (DHS) and/or the U.S. Consular Office abroad. The most important issues in filing a nonimmigrant visa application in which our attorneys has been able to show is that (1) the applicants met all requirements and have the required qualifications and (2) our clients do not have immigrant intent in cases that dual-intent is not applicable.


    Immigration Law is a vast area of law and every situation is unique. This article is intended for informational purposes only. You should NOT rely on the limited information on this article in replacing a personal consultation with an experienced Houston Immigration Lawyer. There may be legal issues, depending on the facts and circumstances, in which you may not be aware. Please feel free to give us a call or to contact us online, for more information. our Houston Immigration Attorneys and the Spring Houston Naturalization Lawyers at the Law Offices of Steven Tuan Pham. can be reached at 713-517-6645 or complete our Contact Form.