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University of the Pacific
3601 Pacific Avenue
Stockton, California 95211
209.946.2011

Burden of Proof on the Student

The "presumption of immigrant intent" implied in INA 101(a)(15) and 291 is expressly stated in INA 214(b), which reads:

"Every alien (other than a nonimmigrant described in subparagraph (H) (i) or (L) of Section 101(a)(15) shall be presumed to be an immigrant until he establishes 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 he is entitled to a nonimmigrant status under 101 (a) (15). The way to prove you do not have immigrant intent is to prove that you do qualify for a nonimmigrant classification."