F-1 students are already facing immense stress, with Trump’s immigration policies making them frequent targets. Now, a student married to a US citizen fears she might not be allowed to re-enter the US despite having committed no offence.
Fear of Re-Entry Denial
The student holds a valid STEM OPT for six more months and is visiting her family back home. As her return date approaches, she worries that border officers may question her marriage to a US citizen and doubt her visa intent.
Marriage Raises Visa Concerns
Student visas are not usually issued to people who indicate plans for permanent settlement. Marriage to a US citizen could be viewed as intent to stay, which conflicts with the temporary nature of the F-1 visa.
Green Card Could Have Helped
Legal experts say the ideal move would have been to apply for a green card. This would show that her transition to permanent residency is in process and prevent a potential mismatch in her immigration status.
Discretion Lies with Officers
While the law permits re-entry if paperwork is valid, CBP officers have wide discretion. They may send travellers for secondary inspection or, in rare cases, deny entry altogether if they believe there is an intent to immigrate.
Seek Legal Guidance
Experts recommend consulting an immigration attorney before travelling. Professional legal advice can reduce the risk of last-minute complications and help students avoid a stressful airport experience.
