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The non-immigrant visa classification covers a broad
range of visas used to enter the United States for
work, pleasure or study. Most nonimmigrant visa categories
do not allow for immigrant intent, and affirmatively
require the applicant to demonstrate to the US government
that they intend to return home at the end of their
temporary stay.
Certain visa categories (notably, the H-1B and L-1
nonimmigrant visa categories), allow for 'dual intent'.
This means that nonimmigrant visa holders in that
category may use those visas to enter the United States
notwithstanding an intent to obtain permanent residency
(i.e., a "green card") while under that
classification.
Most non-immigrant visas, however, require you establish
the demonstration of non-immigrant intent, per Section
214(b) of the Immigration and Nationality Act (INA).
This means you should demonstrate that you have a
permanent residence in your home country that you
have no intention of abandoning. Most nonimmigrant
visa application denials occur due to the applicant's
inability to overcome the "presumption of immigrant
intent" mandated by INA Section 214(b).
The duration of time one may spend in the US on a
nonimmigrant visa can range from a several days to
several years, depending on the visa category. In
most situations, spouses and unmarried children of
nonimmigrant visa holders may accompany the principal
visa applicant under a derivative visa status.
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