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In general, U.S. consulates may issue visas only to applicants with the requisite "nonimmigrant
intent," meaning intent to return to an unabandoned foreign residence abroad after
their temporary stay in the U.S. O-1B principals and their O-3 dependents, however, need not have “nonimmigrant intent,” and consular posts rarely deny visas to P-1B principals and their P-4 dependents for want of “nonimmigrant intent.” However, posts may well scrutinize O-2, P-3
and P essential support personnel and their dependents more carefully respecting their home country ties and future intent. The issue arises infrequently in Western countries, but elsewhere problems can arise, particularly if the alien answers "yes" to any of the questions at parts 31 or 35-38 of the DS-156. If an applicant for O-2 or
any P classification is from a developing country or a high fraud area, watch out for the
nonimmigrant intent issue.
To address a consulate's concerns on this issue - in consular parlance, the "214b"
issue - be prepared to document the full range of the alien's ties to his/her home
country, by way of residence, family, employment, stature, business, banking, etc. In high
fraud countries, obtaining a P-3 visa even for principals can be challenging.
Applicants can tell if they have been refused visas by a notation stamped on
the last page of the passport, stating "application received." Generally, the
stamp is annotated either with "g" or "221g," meaning insufficient evidence to
grant the visa, or "b" or "214b", meaning the visa was denied for want of the
requisite nonimmigrant intent. Note that 221g refusals can be just as difficult,
if not impossible, to overcome, and, indeed, many consulates use 221g as a means of
avoiding a 214b refusal.
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Copyright © 2003 League of American Orchestras/Association of Performing Arts Presenters
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