In most cases, you should be able to visit the United States as a tourist after your student visa expires and you have returned to your home country. This is true whether you were a student studying in F-1, J-1 or M-1 status.
There are no general restrictions on international students returning to the United States later on as visitors. This is true as long as you maintained your status without overstaying. If you did overstay, or otherwise violated your status, you will want to consult with an immigration attorney to determine whether or not you are restricted from returning to the United States.
If you were a J-1 student subject to the Section 212(e) two-year foreign residence requirement, you are still allowed to visit the United States as a tourist. This is true even if you have not yet fulfilled the two-year requirement.
How Do I Visit the United States as a Tourist?
You have two primary options to visit the United States as a tourist. Which option you use will depend on where you are from and for how long you plan to visit. These options are applying for a B-2 visitor visa, or entering the United States under the Visa Waiver Program.
Qualifying for a B-2 Visitor Visa
The B-2 visitor visa is granted to foreign nationals who plan to travel to the United States for recreational purposes, including tourism and/or visiting friends or relatives. When you apply for the B-2 visitor visa, you will have to show documentation that proves that the purpose of your visit to the United States is recreational, that you have the intent to return home at the end of your permitted stay, and that you have the funding to support yourself while you are there.
This is similar to the process you went through to secure your F-1 visa, only your purpose for coming to the United States has changed. If you are issued a B-2 visa, you can stay the United States in B-2 status for a period of up to six months, depending on the nature of your visit. Your I-94 card will indicate exactly when your B-2 status expires.
Entering the U.S. Under the Visa Waiver Program
The Visa Waiver Program allows foreign nationals from 36 participating countries to visit the United States without a visa for a period of 90 days or less. The countries participating in this program are listed athttp://travel.state.gov/visa/temp/without/without_1990.html#countries.
If you are from one of these countries and you wish to participate in the Visa Waiver Program, you must first apply for travel authorization on the Electronic System for Travel Authorization athttp://www.cbp.gov/xp/cgov/travel/id_visa/esta/. When you enter the United States, you will have to demonstrate that the purpose of your visit is recreational and for a period of 90 days or less. If you want to visit the United States for more than 90 days, you should apply for a B-2 visa. For more information on the VWP, see "Visa Waiver Program."
Getting Legal Help
Consider consulting with an immigration attorney if you did previously violate your status as an international student in the United States, or if you are unsure of the B-2 visa application process.
