Immigration Law

DS-160 Non-immigrant Online Application Form

By Robert Kraft

Before starting the application process for permanent immigration, foreign nationals who enter the United States on non-immigrant visas (NIV) are considered to be here temporarily. The law presumes NIV holders intend to return to their home countries at the end of their stay in the United States. There are many NIV categories — student visas, business visas, visas for tourism, and investor treaty visas to name a few. While NIV applicants must have the intent to return to their home country, there are a few non-immigrant categories that allow a person to have dual intent, that is, to intend to be here temporarily now but eventually to immigrate. Prior to permanently immigrating to the United States, a foreign national will generally enter on a non-immigrant visa (dual intent NIV).
 
All NIV applicants are required to fill out an application form to the appropriate consular post and submit the DS forms according to the NIV category they are applying. The current forms available are DS-156, 157, 158, 156K, 3032). Currently, twelve consular posts are required to use Form DS-160, a Web-based NIV application form that incorporates all of the current NIV forms into one format via the Web site. When an NIV applicant fills out the form, the applicant has the option of uploading a digital photo. Once the form is submitted online, the NIV applicant will receive a confirmation page. The new DS-160 form is required in twelve posts (including Mexican and Canadian posts, Dublin, Hamilton, Hong Kong, and Tripoli), and the DS-160 form advances the NIV process since it is submitted in advance of the interview.
 
NIV applicants should make sure to utilize the appropriate DS form according to the consular post requirements currently in place.
 
Please call us at 214-999-9999 and we will answer your non-immigrant visa questions.

Full post as published by Immigration Law Answers Blog on August 05, 2009 (boomark / email).