Leaving the USA after student status with one passport and coming back with the VWP using another passport

Question

I am currently in the USA with a student status. Unfortunately, after fighting and fighting, one week ago I received the notice saying that my working permit (OPT) has been denied - I appealed the case before so it would be the second time that it has been denied-.I know I have to quit the country as soon as possible but I don't have enough time to leave things under control here before I fly back home (selling the car, release my lease agreement etc...)

I have two passports. I was thinking of leaving the USA for a day or a few days to Mexico (closing my student status) and coming back using the VWP using my second passport in order to be able to arrange everything and then finally leave back home.

Does anyone know if I could have problems when coming back to USA with my second passport if I show the airline ticket back to my country, proof of solvency etc...? Do you recommend leaving and coming back by plane or through land borders?

Answer 1

Assuming that you are leaving the USA in time with a valid visa and were not "removed" as they call it, you should be able to enter the USA with either passport (As long as they are both eligible for the VWP) for the purpose of tourism or doing business - not to work or study.

Selling a car, ending a lease is doing business. Visiting your friends is tourism. Just because you were denied to stay as a student or to work does not mean that you are not eligible to be a tourist or doing business in the USA.

Depending on your passports, you might raise suspicion if you go out with one and come back with another - specially if your passport is a biometric one.