September 28, 2005 DOS Cable on Students and Immigrant Intent

This cable provides some guidance for consular officers in how to interpret the immigrant intent provisions when adjudicating student visa applications. Consular officers adjudicating student visa applications should evaluate the applicant's requirement to maintain a residence abroad in the context of the student's present circumstances; they should focus on the student applicant's immediate and near-term intent. The cable is divided into the following sections:

• Summary
• Residence abroad requirement in general terms
• Purpose of travel as the contolling criterion for determining proper visa classification
• Context of residence abroad for students
• Intended course of study should not be deemed a negative factor
• Visa renewal during the course of study
• Educational qualifications not to be adjudicated by consulate unless fraud or misrepresentation suspected
• Community colleges, English language programs, or lesser-known schools must be accorded the same consideration under the law as other schools
  
• Reproduction of the various Foreign Affairs Manual (FAM) notes that are applicable to this topic