State Department Updates Guidance on F-1/M-1 student intent to depart and residence Abroad requirements
The recent update to the Foreign Affairs Manual should help prevent student visa denials based on speculative determinations by consular officers.
‘The change was made under 9 FAM 402.5-5(E)(1)’
Foreign students must still show an intent to depart the U.S., but it reminds consular officers that they must not make assumptions about what might happen in the future.”
The restoration of the language in the Foreign Affairs Manual instructs consular officers to consider the ‘inherent difference’ between a young F-1 visa applicant and more established short-term visa applicant,”
This action ensures that the typical F-1 visa applicant won’t be penalized for not having the 'ties of property, employment, and continuity of life' that applicants for short-term visas, such as B tourists, might be expected to have, and instead to view these conditions in their proper context.”
Source: F.A.M _ Dept. of State + Forbes