visa stamping ika nunchi kashtam

[desiboys]

Nonimmigrant Visa Categories: F-1 Student Visas

The FAM has also been updated to reflect additional language in the chapter concerning F-1 student visas, another nonimmigrant visa classification that has recently been impacted by the EO. The new language expands guidance on the “foreign residence” requirement for F-1 visa applicants by instructing consular officers as follows:

If you are not satisfied that the applicant’s present intent is to depart the United States at the conclusion of his or her study or OPT, you must refuse the visa under INA 214(b). To evaluate this, you should assess the applicant’s current plans following completion of his or her study or OPT.  The hypothetical possibility that the applicant may apply to change or adjust status in the United States in the future is not a basis to refuse a visa application if you are satisfied that the applicant’s present intent is to depart at the conclusion of his or her study or OPT.

With this additional guidance, foreign students should expect an increased level of scrutiny from U.S. consular officers when applying for their F-1 student visas. The guidance appears to give officers even more discretionary power to deny a student’s visa application simply because an officer was not “satisfied” with the applicant’s evidence. Generally, an applicant for a student visa needs to provide evidence that he or she has a residence abroad that the student has no intention of abandoning and that he or she intends to depart the United States upon completion of his or her studies and/or obtaining a degree. It is therefore more critical than ever that students present persuasive evidence to show their present intent is to depart the United States at the end of their U.S. coursework. This evidence can take the form of proof of the ownership of his or her home abroad (even if the name of the student’s parent is on the document showing ownership), bank account statements, and letters and/or affidavits from immediate family members (or even employers abroad) verifying the applicant’s intention to return to his or her home country upon completion of a degree.

While consular officers are instructed to assess only the current plans of the student at the time of the student has applied for a visa and to not consider the future possibility of that intent changing, the new guidance will have a deleterious effect in other ways.  For example, some applicants who already hold F-1 student status but who have H-1B petitions submitted and pending with the USCIS on their behalf may face an uphill battle in applying for a renewed F-1 visa. In such instances, if a consular officer asks the student whether he or she intends to depart the United States upon completion of his or her studies, the applicant will truthfully need to advise of his or her pending H-1B petition with USCIS. This information in all likelihood will lead to the consulate’s denial of the student’s F-1 visa application and the applicant will need to remain outside the United States until he or she is able to apply for an H-1B visa. To avoid having one’s F-1 visa application denied, it would, therefore, be in the student’s interest to not leave the United States at all until and unless the H-1B petition is approved by USCIS, and then apply for the H-1B visa at the consulate abroad at the appropriate time. However, this may not be possible; for example, if there is a family emergency abroad.

[desiboys]

https://www.natlawreview.com/article/new-guidance-foreign-affairs-manual-may-add-challenges-to-visa-issuance-us-consular

[princeofheaven]

29 minutes ago, desiboys said:

Nonimmigrant Visa Categories: F-1 Student Visas

The FAM has also been updated to reflect additional language in the chapter concerning F-1 student visas, another nonimmigrant visa classification that has recently been impacted by the EO. The new language expands guidance on the “foreign residence” requirement for F-1 visa applicants by instructing consular officers as follows:

If you are not satisfied that the applicant’s present intent is to depart the United States at the conclusion of his or her study or OPT, you must refuse the visa under INA 214(b). To evaluate this, you should assess the applicant’s current plans following completion of his or her study or OPT.  The hypothetical possibility that the applicant may apply to change or adjust status in the United States in the future is not a basis to refuse a visa application if you are satisfied that the applicant’s present intent is to depart at the conclusion of his or her study or OPT.

With this additional guidance, foreign students should expect an increased level of scrutiny from U.S. consular officers when applying for their F-1 student visas. The guidance appears to give officers even more discretionary power to deny a student’s visa application simply because an officer was not “satisfied” with the applicant’s evidence. Generally, an applicant for a student visa needs to provide evidence that he or she has a residence abroad that the student has no intention of abandoning and that he or she intends to depart the United States upon completion of his or her studies and/or obtaining a degree. It is therefore more critical than ever that students present persuasive evidence to show their present intent is to depart the United States at the end of their U.S. coursework. This evidence can take the form of proof of the ownership of his or her home abroad (even if the name of the student’s parent is on the document showing ownership), bank account statements, and letters and/or affidavits from immediate family members (or even employers abroad) verifying the applicant’s intention to return to his or her home country upon completion of a degree.

While consular officers are instructed to assess only the current plans of the student at the time of the student has applied for a visa and to not consider the future possibility of that intent changing, the new guidance will have a deleterious effect in other ways.  For example, some applicants who already hold F-1 student status but who have H-1B petitions submitted and pending with the USCIS on their behalf may face an uphill battle in applying for a renewed F-1 visa. In such instances, if a consular officer asks the student whether he or she intends to depart the United States upon completion of his or her studies, the applicant will truthfully need to advise of his or her pending H-1B petition with USCIS. This information in all likelihood will lead to the consulate’s denial of the student’s F-1 visa application and the applicant will need to remain outside the United States until he or she is able to apply for an H-1B visa. To avoid having one’s F-1 visa application denied, it would, therefore, be in the student’s interest to not leave the United States at all until and unless the H-1B petition is approved by USCIS, and then apply for the H-1B visa at the consulate abroad at the appropriate time. However, this may not be possible; for example, if there is a family emergency abroad.

F1 ke man , H1 ki no change in regulations

[Bhai]

@xxxmen F1 ki baaga gattiga   pettadu ga