Under section 214(b) of the Immigration and Nationality Act (INA), “every alien. . . shall be presumed to be an immigrant until he establishes to the satisfaction of the consular officer, at the time of application for a non-immigrant visa, and the immigration officers, at the time of application for admission, that he is entitled to non-immigrant status under section 101(a)(15).”

How does one demonstrate non-immigrant intent?

The State Department has specified five general requirements for issuance of a B visa to a foreign national.  These requirements are rarely excused:

  1. The alien is entering the U.S. for a limited duration;
  2. The alien intends to depart the U.S. at the expiration of his or her stay;
  3. While in the U.S., the alien maintains a foreign residence which he or she has no intention of abandoning;
  4. The alien has adequate financial arrangements to travel to, travel within, and depart from the U.S.; and
  5. The alien will only engage in limited activities relating to business or pleasure.

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