An alien who followed this practice could then reenter the United States legally. Generally, the alien still needed to show qualification for the new status, and in most cases convince the consular officer of nonimmigrant intent. As an alien s unauthorized stay in the United States increases in time, it is less likely that a showing of nonimmigrant intent can be made. The alien appears more like an immigrant intending to remain indefinitely. Also, aliens will no longer be able to obtain a new visa anywhere other than in the country of nationality, unless extraordinary circumstances exist.
Nonimmigrant intent remains an important issue to be proven.
When visa applications are made at United States Consulates overseas, aliens will be scrutinized as to whether they departed the U.S. in a timely fashion, and if not, a visa may not be issued at all. There seems to be no rationale for forcing the visa applicant to return to the country of nationality other than giving the consular officer proximity to the alien s presumed prior residence. This proximity would allow for easier investigation or verification of facts stated in the application or orally by the applicant, including comments relating to nonimmigrant intent. Certainly consuls at an alien s country of nationality may be more stringent regarding the applicants intention and this attitude could result in visa denial based upon impermissible immigrant intent. A nonimmigrant s entry into the United States following inspection by a U.S. immigration officer is documented by the issuance of an I-94 form.