applied for student visa, tourist visa revoked

[mommy]

my daughter first visited the us in july 2007. she met someone and fell in love.she returned to trinidad in september 07 before her I 94 expired.Her boyfriend missed her so she returned october07. she stayed till april08 returning to trinidad 3 days after the date on her I 94. She then returned may08 having decided that as she cannot work she would further her education while building her relatioship. she applied and was accepted at a florida university. again she returned to trinidad before her I 94 expired to apply for her student visa.at the us embassy there she was denied the student visa because as the officer stated after 4 years she may not return home. at this point the officer also revoked her tourist visa which was still valid for another 7years because she said my daughter had travelled alot and may now not return home as her student visa was denied.is there any way she can have her visitor's visa re-instated.her boyfriend is awaiting his green card and is heartbroken and doesn't know what to do. while she visits she does not work. he supports her.please help.

[txh1b]

No reinstatement possible. The student and tourist visas do not allow immigrant intent and as your daughter started to visit so often, the VO suspected it and revoked the visa.

[mommy]

what could she have done differently? she feels as though it was wrong to fall in love and want to be with him. also why could she not persue her degree to the school to which she was accepted when so many other foreign students can do so.again she was not going to work illegaly.

[peace]

mommy

She should not have visited US so frequently in such a short period of time on her B1/B2 visa. If she did, she should not have applied for her student visa
just after making 3 frequent trips and long stays in US.

B1/B2 and student visas, both require a non-immigrant intent and her travel behaviour suggested otherwise, so she was denied F1 and B1/B2 revoked.

For advice please mention
*nationality of her boyfriend. Same or different from your daughter's?
*Is he legally present in US; what visa status?
*What immigrant category is he getting his greencard? Employer based or family based?

[mommy]

he is jamaican by birth but a canadian citizen. his original green card was family based but he had given it up when he returned to jamaica in his 20s.he has since reapplied been given his ss and is awaiting his final lnterview for his card. she is trinidadian.he is here legally and has his own business.

[peace]

You should accept the fact that she is not going to get a non-immigrant visa
( visitor or student) in the short term or probably even later. Something may be done if they are contemplating marriage. He could travel outside US, get married to her, return and add her name to his pending immigrant petition. Or she could get a canadian PR after marriage and it will be easy for her to enter US as a canadian PR.

He should talk to a good immigration attorney if this is possible, if he wants to take this route.