9 FAM 402.5-5(E)

 Residence Abroad Required

a. INA 101(a)(15)(F)(i) and INA 101(a)(15)(M)(i) require that an F-1 or M-1 applicant possess a residence in a foreign country they have no intention of abandoning.  You must be satisfied that the applicant intends to depart upon completion of the approved activity.  Consequently, you must be satisfied that the applicant, at the time of visa application:

(1)  Has a residence abroad;

(2)  Has no immediate intention of abandoning that residence; and

(3)  Intends to depart from the United States upon completion of approved activities.

b. Adjudicating student-visa applications differs from those of other short-term visitors in that the residence-abroad requirement should be looked at differently.  Typically, students lack the strong economic and social ties of more established visa applicants, and they plan longer stays in the United States.  The statute assumes that the natural circumstances of being a student do not disqualify the applicant from qualifying for a student visa. You should consider the applicant's present intent, not what they might do after a lengthy stay in the United States.

c.  If a student visa applicant is residing with parents or guardians, you may consider them to be maintaining a residence abroad if you are satisfied that the applicant has the present intent to depart the United States at the conclusion of their studies.  The fact that this intention may change is not sufficient reason to deny a visa.  In addition, the present intent to depart, does not imply the need to return to the country from which they hold a passport.  It means only that they must intend to leave the United States upon completion of their studies.  Given that most student visa applicants are young, they are not expected to have a long-range plan and may not be able to fully explain their plans at the conclusion of their studies.  You must be satisfied at the time of the application for the visa that the applicant possessed the present intent to depart at the conclusion of their approved activities.

INA 101(a)(15)(B), (F), (J), (M); INA 214(b); INA 221(i)

(i) Revocation of visas or documents

After the issuance of a visa or other documentation to any alien, the consular officer or the Secretary of State may at any time, in his discretion, revoke such visa or other documentation.

1. Fred is a citizen of El Salvador. He would like to come visit his cousin in the United States for the Christmas holidays. He is currently unemployed and has no substantial assets. 

2. Ann is a citizen of New Zealand. She would like to come visit her cousin in the United States for the Christmas holidays. She is currently unemployed and has no substantial assets. 

3. Renn is 18-years-old and lives in Kuala Lumpur, Malaysia. He is a citizen of Malaysia. He applied to the University of Colorado and has been accepted into their undergraduate program. He has no assets of his own. He loves Malaysia, his parents and siblings are there, and he plans on returning. However, he is open to living and working in the U.S. if the opportunity arises.

Same facts, except that Renn is married and would like his wife to join him while he studies in the U.S.

Same facts, except that Renn has been admitted to the North Broad Street School of Juggling.

Same facts, except that Renn seeks to enter the U.S. to undertake postgraduate study at Temple on a Fulbright grant from the U.S. government.

4. Jane, a U.S. citizen, and John, a national of Morocco, get engaged while living abroad. They are planning to have an elaborate wedding in the U.S. in June, but would like to travel to the U.S. now to get started on the planning.

5. You represent a summer camp that is having trouble persuading young Americans to work as counselor. The camp would like to employ foreign nationals as counselors. What non-immigrant categories would be appropriate, if any?