9 FAM 41.61 N5.2 Context of Residence Abroad for Student Visas(ct:visa-706; 02-17-2005)The context of the residence abroad requirement for student visas inherently differs from the context for b visitor visas or other short-term visas. The statute clearly pre-supposes that the natural circumstances and conditions of being a student do not disqualify that applicant from obtaining a student visa. It is natural that the student does not possess ties of property, employment, family obligation, and continuity of life typical of b visa applicants. These ties are typically weakly held by student applicants, as the student is often single, unemployed, without property, and is at the stage in life of deciding and developing his or her future plans. This general condition is further accentuated in light of the student's proposed extended absence from his or her homeland. (see 9 FAM 41.11 n2)Nonetheless, the consular officer must be satisfied at the time of application for a visa that an alien possesses the present intent to depart the U.S. at the conclusion of his or her studies. That this intention is subject to change or even likely to change is not a sufficient reason to deny a visa.
9 FAM 41.61 N5.3 Relationship of Education or training would not appear to be useful in the homeland is not, in itself, a basis for refusing an f-1 or m-1 visa. This remains true if the applicant's proposed course of study seems to be impractical. For example, if a person from a developing country may wish to study nuclear engineering simply because he enjoys it, he may no more be denied a visa because there is no market for a nuclear engineer's skills in his homeland than he may be denied a visa for the study of philosophy or greek simply because they do not lead to a specific vocation.
9 FAM 41.61 N5.4 Availability of Collateral Academic Education in the Applicant's Homeland(ct:visa-706; 02-17-2005)The fact that education or training similar to that which the applicant plans to undertake is apparently available in the home country is not in itself a basis for refusing a student visa. An applicant may legitimately seek to study in the United States for various reasons, including a higher standard of education or training. Furthermore, the desired education or training in the applicant's homeland may be only theoretically available; openings in local schools and institutions may be already filled or reserved for others.
STATE 00180015 003.2 OF 003对于FAM照会的解读与评判依据：9FAM 41.61 N5.1 要求申请人在外国（母国）有固定居所( ct: visa-706; 02-17-2005 )INA要求申请者在外国有一个其不想放弃的固定居所。此规定要求必须让签证官认定，此外国申请者在其完成学业后，一定会离开美国。因此，必须让签证官明确地认定：1）在国外有固定居所；2）目前没有想放弃此居所的打算；3）打算在完成学业后，立即离开美国。
9FAM 41.61 N5.2 对于为学生签证的申请所提供之外国住所的解释
