Compared to immigrants, nonimmigrants are aliens who enter the United States without a permanent living purpose, but instead are based on temporary travel, work, or study plans. Getting a nonimmigrant visa is a prerequisite for a nonimmigrant to legally enter and stay in the United States for a limited period. The type of visas and duration of stay of a nonimmigrant depends on their purpose and activities in the United States. If they have multiple purposes, they can select the most suitable visa to apply for. The scopes of permissible activities of nonimmigrants are defined in Immigration and Nationality Act (INA). See 8 United States.C. § 1101(a)(15). Once aliens enter the United States with nonimmigrant visas, they cannot attend activities breaking the law or unrelated to their principal purpose; otherwise, they may be detained or deported.
For admission as nonimmigrants, aliens should establish nonimmigrant intent or temporary bases, such as having permanent residence in other countries without abandoning their intention, and temporarily attending specific activities (e.g., study) in the United States. According to the INA, aliens shall be presumed to be an immigrant until they establish “to the satisfaction of the consular officer, at the time of application for a visa, and the immigration officers, at the time of application for admission” that they are entitled to a nonimmigrant status under §1101(a)(15).” See 8 United States.C. § 1184(b).
The distinguishing between aliens’ intention of permanently or temporarily remaining in the United States is established by case law, and aliens have the burden of proof. Whenever an alien applies for a United States visa “other documents required for entry” or “makes application for admission” they should prove that they are “eligible to receive such visa or such documents or is not inadmissible under any provision of this Act.” See Lauvik v. INS.
The Department of State (DOS) has a 90-day rule regarding violation of status (the 30/60 day rule was abolished), which presumes that aliens who violate or act inconsistently with their nonimmigrant status within 90 days of admission willfully misrepresent their visa application purpose. See 9 FAM 302.9(B)(3) (g), (h). For instance, a visitor with a B visa gets married to a United States citizen.
[Last updated in April of 2022 by the Wex Definitions Team]
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