Residence abroad and student intent: 214(b)
an alien having a residence in a foreign country which he has no intention of abandoning, who is a bona fide student qualified to pursue a full course of study
What the officer assesses: Whether you have a residence abroad you do not intend to abandon, and whether you are a genuine student coming solely to pursue this course, as you explain them at the interview.
For a student the 214(b) question has two halves. The officer has to be satisfied you are a real student, qualified for and committed to this course, and that you keep a residence abroad you mean to return to. Both are usually decided in a short interview, so you have to be able to explain your plan, your funding and your ties in your own words.
Where this comes from 3 official sources
(F)(i) an alien having a residence in a foreign country which he has no intention of abandoning, who is a bona fide student qualified to pursue a full course of study and who seeks to enter the United States temporarily and solely for the purpose of pursuing such a course of study
Immigration and Nationality Act, section 101(a)(15)(F) (8 U.S.C. 1101(a)(15)(F)), INA 101(a)(15)(F)(i), 8 U.S.C. 1101(a)(15)(F)(i)
shall be presumed to be an immigrant until he establishes to the satisfaction of the consular officer, at the time of application for a visa, and the immigration officers, at the time of application for admission, that he is entitled to a nonimmigrant status under section 1101(a)(15) of this title.
Immigration and Nationality Act, section 214(b) (8 U.S.C. 1184(b)), INA 214(b), 8 U.S.C. 1184(b)
When it does so, the action of an executive officer “to admit or to exclude an alien” “is final and conclusive.”
Department of State v. Muñoz, Opinion of the Court, Part II
Evidence that addresses it
- Transcripts, diplomas and test scores the school relied on
- Evidence of ties at home: family, property, a job or business to return to
- A clear account of your study plan and what you will do after it