Overcoming Presumption of Immigrant Intent Under U.S. Immigration and Nationality Act Section 214(b)
All B-1, B-2, F-1, F-2, H-2A, H-2B, H-3, J-1, J-2, M-1, M-2, O-2, P-1, P-2, P-3, and Q-1, applicants must qualify under Section 214(b) of the U.S. Immigration and Nationality Act (INA). The Act which states:
"Every alien shall be presumed to be an immigrant until he establishes to the satisfaction of the officer, at the time of the application for a visa... that he is entitled to nonimmigrant status..."
Essentially, the visa officer needs to see that the applicant has compelling reasons to return to the Philippines. By law, the burden of proof is on the applicant to show that he or she qualifies for the visa. This proof may come in many forms, but when considered together, it must be strong enough for the interviewing officer to conclude that the applicant’s ties to the Philippines will compel him or her to return at the end of a temporary stay in the United States.
Evidence of Ties
Ties are the aspects of one’s life that bind him or her to his or her place of residence, including family relationships, employment and possessions. In the case of younger applicants, who may not have had an opportunity to establish such ties, interviewing officers may look at educational status, grades, the situation of their parents, and the applicant's long-range plans and prospects in the Philippines. As each person's situation is different, there is no set answer as to what constitutes adequate ties.
The following supporting documents may or may not be requested from the applicant and are only required at the discretion of the consular officer:
- Bank statements for the last three (3) months and both current and former bank account passbooks
- Employment certification including salary, tenure and position
- Form W-2
- Income tax return with Bureau of Internal Revenue (BIR) or bank stamp
- Audited financial statement with BIR or bank stamp
- Pay slips for the last three (3) months
- Credit card statements for the prior three months
- Vehicle registration with official receipt
- Land titles (no certified copies please)
- Pictures of family, home or business
- Wedding photos
- Marriage certificate printed on the Philippine National Statistics Office security paper, if applicable
- Birth certificate printed on the Philippine National Statistics Office security paper
- For students, certificate of school registration
- Certification of membership to legitimate organization(s)
Due to the large volume of applications processed each day, consular officers may not always look at supporting documents, unless there are points in the application forms or in the interview that need clarification.
- In certain cases, additional documents may be requested.
- All documents must be originals. Photocopies will not be accepted, unless specified. The applicant must submit these documents to the interviewing consular officer during the interview. The Nonimmigrant Visa Unit does not accept documents before the interview. Any documents received will not be returned and will be destroyed. Please note, however, that presentation of the documents will not guarantee visa issuance. Applicants must still qualify under INA Section 214(b).
Affidavit of Support
In general, affidavits of support of any sort from relatives or sponsors will be of little value to an applicant (except to student visa applicants). The Affidavit of Support is a requirement only for immigrant visas. The interviewing officer is less concerned about how the applicant will be supported during his or her stay in the United States than whether the applicant has compelling reasons to return home. We encourage the interested third parties to save their time and money and not prepare affidavits of support.
Posting of Bonds
There is no provision in the law that allows for the posting of bonds as a guarantee of return. Moreover, this is not considered as familial, social, economic or professional ties that can affect the applicant’s eligibility for a visa.
Please visit the Nonimmigrant Visa Application Procedures page for complete information on how to apply for a nonimmigrant visa to the United States.
Nonimmigrant Visa Unit (NIV) is open for business Monday through Friday, from 7:30 a.m. to 4:30 p.m., except on U.S. and Philippine Holidays.