Overcoming the Presumption of Immigrant Intent

One of the major obstacles an individual encounters when applying for the B-1 or B-2 visitor visa is the presumption of immigrant intent with regard to the proposed trip to the United States. In order to overcome this presumption, it is important that one demonstrate, to the satisfaction of the consular officer, that the trip is temporary and that s/he has a residence in a foreign country, which s/he has no intention of abandoning. A multiple of approaches, varying depending upon the particular facts of the case, may be taken to accomplish this. For an example of one approach and for a thorough discussion of immigrant intent in the B-1/B-2 context, see our Success Story: Visitor’s Visa Approved After Repeated Denials, in which the Murthy Law Firm assisted a client in obtaining a visitor visa under unusual circumstances.

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