You can apply for a US visa in so called "third country" if you have sufficient reasons for doing so. Does evasion from a military service while pursuing a PhD in US sounds like a valid reason for not entering home country? For example, my home country does not really care about pursuing a PhD at foreign university and can grab you any time if you are unlucky enough. I did not receive an official request to enroll there, yet, because I am, well, out of their reach :) so I am not considered criminal, nor I break any law. But I do not want to risk receiving it by visiting home country.

  • That seems like it would be an "up to the consular officer" type scenario. Try calling the embassy in question. – user13044 Apr 17 '17 at 4:35
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    Most countries are happy to process a visa application filed in the applicant's country of residence. Do you have an indication that the US demands them to be filed in countries of nationality? – hmakholm left over Monica Apr 17 '17 at 10:55
  • Without considering your country's specific situation, it looks bad. You want consideration because you want to violate your country's law - this is an indication that you may violate US law too. – ugoren Apr 17 '17 at 11:26

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