THERE is a reason why getting a nonimmigrant visa from the US Embassy is not easy.
Under the law, all visa applicants are presumed to have immigrant intent or an intention to work and stay in the United States permanently.
In order to overcome said presumption, the applicant must prove to the consular officer that he has compelling reasons to return to his home country.
By law, the burden of proof is on the applicant to show that he qualifies for the nonimmigrant visa. The proof must be strong enough to convince the consular officer that his ties to his home country will compel him to return to said country at the end of his authorized stay in the United States.
For instance, if you wish to apply for a visitor’s visa, it is not enough that you provide the consular officer with a good reason for coming to the United States; you must also provide evidence that you have strong economic and family ties to your country.
You prove economic ties by showing that that you have a residence, employment, business, and/or substantial financial interests or assets in your country to which you intend to return after the expiration of your authorized stay in the United States.
You prove family ties by showing that you have a family (i.e., spouse, children, etc.) in your country to which you intend to return after the expiration of your authorized stay in the United States.
In the case of younger applicants, who may not have had an opportunity to establish such ties, the consular officers usually look at their educational background, the circumstances of their parents, and their long-term plans and prospects in their country. Since each applicant’s situation is unique, there is no set answer as to what constitutes sufficient ties.
If you want to know more about this topic, then we invite you to schedule an appointment for your free initial office consultation by calling us at (818) 956-8844 [Glendale] or at (626) 331-8188 [Covina]. You may also visit us at www.palacioslawfirm.com.
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Attorney Eugene M. Palacios is the founder and principal of the Law Offices of Eugene M. Palacios. He has great depth of experience and a successful track record in handling employment and family-based petitions as well as PERM and naturalization applications. He is licensed as an attorney in California and is admitted to practice before US Immigration Courts, the US Central District Court, and California State Courts. He is also an active member of the American Immigration Lawyers’ Association. His offices are located at 100 North Brand Boulevard, Suite 600 , Glendale , California 91203 and at 800 South Barranca Avenue, Suite 250 , Covina , California 91723 .
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The above article does not, and is not intended to, constitute legal advice for a specific immigration problem and does not create an attorney-client relationship between our office and the reader. It is for informational purposes only and reflects our law firm’s opinions and views on general issues.
( Published July 10, 2010 in Asian Journal Los Angeles p. C3 )
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