COS B1/B2 -> F1: reentry via canada

A

ardnivar

Registered Users (C)
Dear forum members

I would like to hear your opinions/experiences in the following:

Say a person has valid F1 and B1/B2 visas, enters the US on the B2 say 60 days prior to school commencement. Then visits Canada about 15-20 days prior to school commencement and tries to renter the US, this time using his F1 visa.

1) Would this increase his chances of a denieal at the POE (as compared to the situation where he simply enters on his F1 15-20 days prior to school commencement).

2) If he was denied rentry under the F1, can he still use his B2 to reenter?.

I do understand that having a visa in no way guarantees entry. I`m just trying to evaluate if this procedure carries any additional risk.

Best wishes
Ravi
 
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Why would one be denied entry? Is there anything fake? Both entries are independent of each other.
 
Hi Kabkaba

Nothing Fake. Everything Legit, over the table.

Why should the rentry be denied ? Apart from the usual reasons for any nonimmigrant visa holder (your docs shd at a glance make it clear you have no intention to immigrate) while entering the US, I`m not really sure. Hence the reason for my post in part 1. I`ve never in my limited experience heard of anyone doing this. If they have, then it would be very useful to know their experience.

BTW i spoke to a CBP (customs and border protection) customer service rep about this and she flatly said one cannot do this and ITs THE LAW. I asked her about the section of law and she pointed me to 8 CFR 214. I looked it up and there`s nothing there about such a reentry. I mean If it`s ok for me to go back to my home country and return as an F1 (which the CBP rep agrees is fine) I don`t see why i can`t go to any other country.

My second question is pertaining to the case where the POE officer denies entry the first time while using the F1 be it usual or otherwise. Can you say use your tourist visa B2/B1 the next day to try and reenter as a tourist? I`d like to add: What does happen after you get denied? is the relevant visa stamped as cancelled without prejudice?

sorry about the length of this post. just want to provide as much info as possible

Best,
Ravi
 
update

Dear Forum members,
Just wanted to put in an update on my case:

I spoke to a customs and Border protection (CBP) rep about this issue and she offered the following:

1) One CANNOT change status (at least from a B2->F1 as I`m trying to do) by going to a territory contiguous to the US. You can revalidate/extend your status but not change it.

2) If one wants to come in earlier than the 30 day limit prior to program commencement then the only way to do it is to enter on a B2 and do a COS while staying in the US.

I was concerned (2) will not work in my case as COS generally takes 3 months or more and i won`t have enough time before my program commences. But she surprised me by saying that if already have an I-20 and F1 stamp on my passport, I`m no longer considered a prospective student and I can start school WHILE my COS is pending!

I was thrilled and spoke to my school about this but they flatly denied this was a possibilty (i.e starting school while COS is pending). They also said that if i don`t use my I-20 to enter the country they will have to issue a new one for the COS so I WOULD be considered a prospective student. What a downer!

So who is right? the CBP rep or the school?
 
Leave the US for Canada and make sure you surrender your B-2 I-94 at the Canadian side of the border. Spend a few days in Canada and then enter the US on your F-1 visa.

ardnivar said:
1) One CANNOT change status (at least from a B2->F1 as I`m trying to do) by going to a territory contiguous to the US. You can revalidate/extend your status but not change it.
Click to expand...
 
Thanks for your reply Triple Citizen:

This is precisely what the CBP rep said i couldn`t do. i.e make my first entry as a B1/B2 then leave for canada and then re-enter using my f1.
I`m not sure i follow the reasoning either and she refferred me to the law section at USCIS.gov: 8 cfr 214 ( I couldn`t find anything which clearly states this cannot be done or otherwise). I even tried calling a second time to get a second opinion and the second rep basically told me the same thing.
If you know of cases where people have done this before it would be very helpful.

Hi Kabkaba:

It would be a pretty big inconvenience for me to go to any other place other than Canada or Mexico. I really don`t know anyone in any other country. Might as well go back to my home country.
Finally I don`t want to come in a lot of time earlier than my program starts. Just a month earlier, primarily because i will be travelling with family and would like get more settled before school begins.
 
I am from India.
I have a tourist visa for Canada.
I also have a multiple entry visa for US.
Recently, I got F1 visa for US. (term starting August) (B2 not voided)

I want to visit US & Canada in June with my parents (they are going on a tour)
Can I go to Canada in June, stay there for 2 months and then enter US on F1 in August?
Or
Can I go to US in June, stay for 1 month (on B2); then go to Canada, stay for 1 month.. and finally reenter US in August on F1??

Please advise. Thank you.
 
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