Economic, Social or Family Ties-Establishing Intent
Under U.S. law, all applicants for tourist (and many other) visas are considered to be intending immigrants. This means that the consular officer must presume each applicant intends to go to the United States to stay. To qualify for a visa, the applicant must demonstrate this is not his intent. He can do this by showing that he has strong economic, social, and/or family ties to his home in Slovakia that would compel him to return to them after a short visit to the U.S. There are no specific documents required, since each person’s circumstances are likely to be unique. Each applicant should consider his situation and bring documentation to demonstrate his own ties. Unfortunately, an applicant who either does not have such ties or cannot demonstrate them does not qualify for a visitors visa under U.S. law. A letter of guarantee or assurance (even from a U.S. citizen relative) is not sufficient to overcome the presumption of immigration. (See Visa Denials)
Some common documents used to demonstrate economic, social or family ties are as follows:
- Proof of regular and permanent employment, including pay stubs or copies of a series of recent bank statements showing regular income, job letters describing length of employment and how long the employee can be absent;
- Proof of regular pension benefits or investment income;
- Recent tax returns, showing regular income;
- Evidence of business activity or self-employment, such as tax returns, business account statements, invoices, etc.;
- Proof of enrollment in—and attendance at—school (if the proposed travel is during a school term, evidence that the student’s absence has been pre-approved.)
- Proof of ownership of real property, as well as how the owner is currently making use of the property; and/or
- Evidence of family responsibilities, such as birth certificates of small children for whom you are the primary caregiver.
- If you have been to the United States before, evidence that you returned before your allowed stay expired, (old passports with stamps, airline boarding passes from the return trip, for example) or that you legally extended your stay (form I-797 from the Immigration Service in the U.S.). If you are visiting a close relative, evidence of their legal status (copy of current U.S. passport, permanent resident card, or valid visa) will be helpful.
Applications for children (those under age 18 as well as those 18 to 23 who are full-time students) should include the above information about their parents or guardians. Adults may include information relating to their spouse.
Please note that these are just suggestions. Each applicant should bring documents to demonstrate the ties in his/her life that would compel him/her to return after a short visit to the United States. Also please note that the mere existence of these documents does not guarantee you will qualify for a visa: this will depend on the information contained in the documents and whether the ties they represent are sufficiently strong to overcome the law’s presumption of intending immigration.