My girlfriend just graduated from undergrad and was on a student visa. She is going to switch to a work visa to stay here for another year, ...

Question

My girlfriend just graduated from undergrad and was on a student visa. She is going to switch to a work visa to stay here for another year, but she wants to go home this summer to travel (europe). She read that the immigration authorities could deny her entry if she came back and they thought she was likely to want to stay in the US. Is there a way to guarantee her safe reentry this summer?

Answer

The best answer is to obtain her work visa now, specifically an H-1B, and begin work immediately. Then she can take a vacation and be permitted to travel without having too much issue returning. The H-1B is a dual intent visa, so in essence she doesn't have to make up her mind whether or not she's planning to stay in the U.S or eventually depart. The dual intent doctrine also allows your relationship to remain intact without having to rush to the alter or be hidden.