By: Beth Robertie, Esq.
在B, J, M, O-2, P, Q以及F类别的 签证申请中，申请人需要显示其并没有移民的意图倾向。尤其对于F类别的学生签证申请人，他们必须注意签证申请过程中的一些事项。以下为有关信息：
In some, but not all, non-immigrant visa categories, there is a requirement that the alien beneficiary maintain a residence abroad that they have no intention of abandoning. This requirement is found in the B, J, M, O-2, P, Q, and F visa classifications. For many F visa applicants, who are hoping to come to the United States to begin or continue their higher education, this requirement presents a difficult situation. Because the F classification is reserved for students, many F applicants are young and lack substantial financial resources. For applicants in this situation, providing the necessary assurances can seem like an impossible task. However, there are a few things an F-1 applicant should keep in mind:
1. Present intent is the controlling factor.
The alien beneficiary’s intent is adjudicated based on present intent, not on what might happen in the future. As long as the beneficiary can demonstrate that at the time of the application, they intend to return to their home country, they should not have a problem.
2. Residence abroad requirement is considered in a broader light for F-1s.
Students will generally have a harder time demonstrating the ties that the USCIS would generally require from a business traveler, for example. Therefore, the alien beneficiary should emphasize that their immediate intent is to return to their home.
3. Students have a right to chose where they will obtain an education if accepted by a school.
The alien beneficiary has no obligation to establish the prestige or usefulness of their chosen course of study. Even if the alien beneficiary’s home country offers equivalent quality courses in the same subject matter, or there is little or no employment opportunity in the alien beneficiary’s country of residence in their chosen study area, these factors should not weight against the approval of an F visa. While, in reality, it will likely make the process easier if the beneficiary can demonstrate the usefulness of their course of study in their home country, Consular officers are instructed not to consider the lack of such usefulness a negative factor. As long as the alien beneficiary has been accepted by a school that is specifically approved by DHS, has a SEVIS Form I-20 issued by the school, and can document their ability to pay for their educational and living expenses while in the U.S., their visa application should be approvable, barring other complications.
4. Returning student visas are generally reissued in the normal course of business.
Generally, the USCIS encourages an F-1 visa holder to maintain ties with their country of origin. As such, they will usually facilitate the reissuance of student visas during the course of study.
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