Strong ties to home: proving your intent to return

Whichever type of nonimmigrant visa you are applying for, you will be expected to demonstrate that you do not have the intention to overstay your visa or illegally immigrate into the U.S. using your visa.

In order to make this assessment, the Consular Officer will want to dispose of any documents you might hold which can show that you have strong, stable ties to your home country which make it more likely that you will want to return home after your stay. This could cover various aspects of your life, such as family relations, community involvement, real estate or other financial interests such as an employment contract. Do not underestimate the importance of this assessment - it is likely what will make or break your visa request.

Let’s have a look at the different forms of evidence you should be trying to collect before applying for a nonimmigrant U.S. visa in order to reassure the Consular Officer and make it easier for them to approve your application.

Which travelers are expected to prove their intent to leave the U.S.?

Well, technically you cannot prove what your “intention” is - but you can demonstrate that it is in your own interest to go back after your stay, by showing that you have activities or business to attend to, which outweigh the potential benefits you would get from trying to immigrate. This is what is meant by “demonstrating strong ties” to your home country, or country of residence; family members which are dependent on you, a stable job, financial investments and/or membership of a community are all among the possible factors which care considered positive in this regard.

Of course, each case is unique and it is thus hard to provide a one-size-fits-all specific answer as to what might potentially constitute valid evidence of your intent to return. This applies as much to travelers applying for visitor visas (tourist, business, medical, etc.) as for those who wish to enter on a temporary work permit, student visa or professional visa (media, athletes, medics, etc.) - as long as the scope of your visa is not to obtain Legal Permanent Resident status in the U.S., this will apply to your case.

What should my evidence pack contain?

That depends on what you are able to show; if you own a business, or have a stable, long-term job, that usually will go a long way to satisfy the Consular Officer. You could provide contracts, pay slips, bank statements or a letter from your employer, for example, or your investment documents, tax filings or financial statements if you are an entrepreneur. Any real-estate property you own in your home country can also help to strengthen your case; you could, for example, submit a purchase agreement, mortgage payments and property tax receipts or other investment documents as supporting evidence.

Aside from financial interests, showing that you have an active and involved social and family life can also be a positive factor; adding pictures of you and your family, or anything showing membership in a community can contribute to your successful application.

Still a little confused? Reach out to one of our experienced travel and immigration professionals, who can help you assess your situation and collect a strong evidence pack to set you up for success.