Nonimmigrant Defined


Nonimmigrants enter the U.S. for a temporary period. During that period they are restricted to activities that are consistent with their visas. Generally, nonimmigrants must meet the following characteristics to qualify as such:
1. Intention: Must have the intention to only stay temporarily.
2. Domicile: Some visas require the intent not to abandon a foreign residence. Therefore, nonimmigrants (under A, B, or F) lack the legal capacity to establish domicile in U.S.
3. No numerical limitation on most nonimmigrant visas: Contrast with immigrant visas which are generally do have numerical limitations.
4. Terrorism: The Secretary of Stay by law may not issue nonimmigrant visas from any country deemed to be a state sponsor of terrorism.
5. Valid Passport Required: Applicants must have a valid nonimmigrant visa or border crossing card to be admitted.
6. One Status: While it is possible to have multiple visas, a person can only hold one status in the U.S. at any point in time.
7. One Nationality: Dual citizen applicants are regarded as only having one nationality based on the passport used to apply. Changes of status cannot be based off of other nationality not used at time of admission.