When it comes to US visas like the H1B visa, E3 visa and L1visa, one of the most common questions asked is the ‘demonstrate residence abroad’ condition and specifically why does it exist, how you prove it, how does it apply to the no dual intent provision and finally what are the risk it will affect being approved for US visa sponsorship.
Why Does it Exist & The Dual Intent Provision?
As a quick bit of background, the ‘demonstrate residence abroad’ provision applies to all visas which do not specifically allow for dual intent like the H1B visa. Essentially dual intent as a provision specifically allows for the visa holder so simultaneously pursue Permanent Residency in the US. So visas like the E3 visa as well as the J1 Visa and F1 Visa among others have this same ‘no dual intent’ provision where the applicant when at the US consulate has to demonstrate residence abroad.
Now in saying that while the E3 Visa does not have a dual intent provision like the H1B visa, it also unlike the J1 Visa and F1 visa doesn’t specifically prohibit a person from pursuing permanent residency/green card either. You can read what the exact wording is, in some of the other links about the E3 visa contained in this post.
How Do You Prove It & Risks To You As A Visa Applicant?
This is a question with no exact answer and often is dependent on your particular background and ties with the US and also somewhat on how detail orientated a particular consular official may be.
In general it must be said though that some Western countries are though of as low risk non-immigrants and visitors to the US in terms of people who are like to overstay their allowed time where as others are under much higher scrutiny as they are considered hire risk of violating their visa and overstaying.
Often manyvisa applicants report when they visit the US Consulate for their interview that they have not had to show any evidence as proof of demonstrating residence abroad and many others just had to verbally say ‘yes’ they intend to return.
The people that tend to have to provide the most evidence to prove this condition include;
- those not born in the country of application and may have recently become citizens of that country
- those with few family ties in country of application often because of the experience above
- those who have many close family connections who are residents or citizens in the US
- those who may have overstayed a previous US Visa or Visa Waiver Program
- unusual elements in your past like criminal history, etc.
However when you attend your US visa interview it is always good to have proof on hand just in case they do ask you to show evidence. So the type of information that can be helpful in this regard includes but is not limited too;
- close family ties (this is often a verbal proof and is easily verified by US consular officials)
- significant asset ownership proof like mortgage document for home, car, business, etc.
- bank statements with account history
- verbal mention of prior US visa visits where you obeyed the conditions of entry
- miscellaneous links that tie you to the country that will compel you to return
- citizenship/residence and asset documents you may have for another country that you intend to leave for
As you can see there is no set list but the top 3 to 4 items are the standard ways to prove your ties. The truth is if it is obvious that you have sold up your entire life in the country of application and you also fall into the higher risk categories I mentioned you may be asked additional questions or they may decide to investigate your particular case further and not approve your visa on the spot.
CJ makes US Immigration easy to understand so foreigners can get their green card successfully. We show you all the steps from finding a job, getting a US visa and then how to adjust to life easily in the US.
US Immigration Attorney – H1B Visa Process
