Can my girlfriend visit the US with a tourist visa if her residence visa expired? 2 Answers as of February 09, 2011

My girlfriend had to go back to the Philippines because she turned 21 in 2010. Then her visa just expired in January 2011. So she was no longer a dependent under her mom who lives here and she returned to the Philippines in November of 2010 before her visa expired. Since she still has a tourist visa, is it too early for her to come out and visit in June 2011? Another lawyer told her mom that she has to wait a year before she can return is this true?

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Law Office of Immigration & International Trade Law
Law Office of Immigration & International Trade Law | Linda Liang
I think she is eligible to apply for another visa. As long as she did not overstay the previous one, she is okay.
Answer Applies to: Florida
Replied: 2/9/2011
Law Office of Christine Troy
Law Office of Christine Troy | Christine Troy
There is no "legal" time period given. She must establish her intent to depart the US as indicated by her round trip ticket. The longer she is out of the US before applying the better, as this shows her strong ties to that country. Having employment, a lease, strong bank statements- all of these will be helpful. If she is denied entry, DHS will put her on the next plane home so she should look at her full documentary evidence, not just months out of US.
Answer Applies to: California
Replied: 2/9/2011
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