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Call Us Today

630-392-8101 | 630-392-8101
info@kasturilaw.com

Applying for a non-immigrant visa to the United States may seem straightforward, but what many applicants don’t realize is that their intent—not just their paperwork—can determine whether their application is approved or denied. For most visa categories, simply suggesting you may want to stay in the U.S. longer than permitted can lead to immediate denial.

Non-Immigrant Visas and ‘Dual Intent

At Kasturi Law LLC, we assist individuals and families in Illinois with applications for tourist, student, and temporary work visas. If you’re applying for a visa that does not permit “dual intent,” even minor errors in your application or interview can give the impression you plan to immigrate permanently.

What Dual Intent Means

In U.S. immigration law, “dual intent” refers to a legal concept where a person can apply for a temporary visa while also having the long-term goal of becoming a permanent resident. However, not all visas allow this flexibility. Many require applicants to prove they will return to their home country and have no plans to stay in the U.S.

Visas that allow dual intent include:

  • H-1B (temporary skilled worker).
  • L-1 (intra-company transferee).
  • O-1 (extraordinary ability).

Visas that do not allow dual intent include:

  • B-1/B-2 (tourist/business visitor).
  • F-1 (student).
  • J-1 (exchange visitor).
  • TN (Canadian or Mexican professionals under NAFTA).

If you are applying for a visa that does not permit dual intent, any hint that you might want to stay permanently—even unintentionally—can cause your application to be rejected.

How Immigrant Intent is Assessed

Consular officers and immigration officials don’t need direct evidence to conclude that you intend to stay in the U.S. Instead, they rely on circumstantial signs—statements, documents, or behavior that suggest you are not planning to return home.

Red flags that may suggest immigrant intent include:

  • Talking about a romantic partner or spouse who is a U.S. citizen or a green card holder.
  • Mentioning plans to apply for a green card in the future.
  • Lacking ties to your home country, such as a job, property, or family obligations.
  • Carrying documents not relevant to your visit, like résumés or school transcripts.

Even a carelessly worded answer during the visa interview or at the airport can raise concerns.

How to Avoid These Pitfalls

Proper planning and documentation are essential when applying for a non-immigrant visa. If you are seeking a visa that requires non-immigrant intent, you must be able to show that your stay in the U.S. will be temporary and limited to the purpose stated on your application.

To strengthen your application:

  • Bring evidence of strong ties to your home country, including employment, property, and family.
  • Be specific and consistent about your plans during the interview.
  • Avoid carrying unnecessary materials that suggest you plan to study or work.
  • Consult an immigration attorney to review your application and prepare you for the interview.

Get The Guidance You Need Before You Apply

If you’re applying for a tourist, student, or temporary work visa in Illinois, don’t let a misunderstanding about intent derail your plans. Kasturi Law assists clients in identifying risk factors and preparing comprehensive applications that meet the expectations of U.S. immigration authorities.

Wherever you live in Illinois—whether it’s Arlington Heights, Aurora, Champaign, Naperville, Schaumburg—our Chicago-based immigration attorney, Shobhana Kasturi, is here to help. At Kasturi Law LLC, we make it easy to connect with us through Zoom, phone, or in-office meetings. Use our online booking tool to select a 30- or 60-minute consultation at your convenience.