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The consulates are legally bound to presume that a visa applicant is an immigrant until he establishes to the satisfaction of the consular officer, at the time of application for a visa, that he is entitled to non-immigrant status."This means that most visa applicants must convince the Consular Officer of the following: |
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Applicants overcome this presumption of immigrant intent by showing that their overall circumstances, including social, family, economic and other ties to India, will compel them to leave the U.S.at the end of a temporary visit or study. "Ties" are the various aspects of life that bind you to India, such as your family relationships, employment, and possessions. In the case of younger applicants who may not have had an opportunity to establish such ties, U.S. law considers educational status, school grades and long-range plans in your home country. As each person's situation is different, there is no single criterion that shows compelling ties to your home country.
Section 214(b) ineligibilities are not permanent. If you have new information or if your overall circumstances have changed significantly, you may reapply. The exceptions to this section of the law are applicants for H1-B, H-4, L-1, L-2, R-1, R-2 visas. |