Immigration Issues/Student visa then coming back on Tourist Visa???
I stumbled upon your fantastic website and am hoping you may be able to assist me with a visa issue. My girlfriend is a Mexican citizen. She is currently in the US on a student visa, which will expire shortly. She plans on returning to Mexico to visit her family for a few weeks, and then return to the US on a TOURIST visa. I spoke with an INS officer who informed me that the fact that she will have just been in the US for 6 months on her student visa may raise a red flag (e.g. why does she want to come back as a tourist?). What sort of strategies do you recommend we use when she presents at the US port of entry? She can document strong ties to Mexico, including her immediate family resides there, she owns property, and possesses $20,000 in an account. I really appreciate your help.
Even though her student visa may be expiring her I-94 should say D/S or "duration of studies" as long as she stays in school she should be able to travel. If her program ended, she should speak to the foreign student advisor at school about an extension.