There’s good news for applicants for F-1 student visas. Students may find it easier to satisfy the requirement of ties to the home country, as the Department of State makes a move to pre-Trump era requirements. In December 2021, the State Department issued a more relaxed guidance to consulates, in recognition of the fact that students may not be able to establish ‘ties’ to their home countries, for example, property, employment etc., that most short-term visa applicants are typically required to provide. Because of their youth and undecided future, most students reside with their families, are unemployed and have no property of their own. Thus, an intent to return to live with parents or guardians is to be viewed as maintaining a residence abroad.
Under the new policy guidelines, students must still demonstrate present intent to leave the U.S. upon completion of their studies at the time of applying for a student visa at the consulate. Consular officers are advised to base their decisions on present intent, and not on circumstances that may change in the future.
Unfortunately, the new relaxed policy is not binding on USCIS for applicants seeking to change to F-1 status within the U.S. One can only hope that USCIS too will abide by the same policy change.