Temporary Work Visas
People may seek to enter the United States for a variety of temporary purposes, including tourism, visiting friends and family, attending school or accepting temporary employment. With the exception of people from countries eligible for visa waivers, most seeking admission as nonimmigrants must first apply for the appropriate nonimmigrant visa at a U.S. Consulate or Embassy abroad. Persons seeking temporary entry to the United States are admitted under one of the alphabetically identified visas, which now span nearly the entire alphabet from A to U.
The immigration experts at the Law Offices of Robert P. Gaffney help clients obtain temporary visas and overcome any challenges that may come up during the process. Call our offices in California at 415-503-9653 for personalized guidance from lawyers who care about helping you see results.
Overcoming the Presumption of Immigrant Intent
Applicants for many categories of nonimmigrant visas must overcome a legal presumption of immigrant intent or their visa application will be denied. This includes people seeking admission as temporary visitors for business (B-1) and pleasure (B-2) as well as persons seeking admission as students (F-1), temporary workers filling a labor shortage (H-2), trainees (H-3), performers (P) and religious workers (R-1).
To successfully overcome the presumption of immigrant intent, a nonimmigrant visa applicant must prove that he or she intends to return to an unabandoned residence abroad upon completion of the purpose of the proposed temporary stay in the United States. This requires an applicant to prove the existence of ties to his or her home country, which may include family, financial and/or employment ties, sufficient to satisfy the consular officer that the applicant is more likely than not to return to his or her home country after a temporary visit to the U.S.
Failure to overcome the presumption of immigrant intent is perhaps the most common grounds of visa denial. Overworked consular officers often make negative intent determinations resulting in visa refusals after a very brief interview, leaving a refused applicant feeling that his or her case has not been fully considered. For this reason, adequate preparation and the clear presentation of supporting documentation in close cases can often mean the difference between success and failure for a nonimmigrant visa applicant.
Contact Us for Expert Guidance
Our attorneys offer personalized solutions to overcome temporary visa rejections or navigate the immigration system. Contact our firm online or call us at 415-503-9653 to speak with one of our experienced attorneys.