TD to F1 Status question for Canadian citizen

helen3308

New Member
My son is a Canadian citizen currently study in US high school under TD status. He is going to college this year, and planning to get his own F1 visa. We did some research and feel very confused about the F1 status for Canadian. Please help us out with the following questions:

-1, Do we need to make an appointment with US consulate in Canada to get his initial F1 visa? Or can we drive cross border and then come back from POE to get F1 status without any appointment?
-2, Since we live in southern California, Can he apply F1 through US/Mexico border instead of US/Canada border?
-3, Is the F1 status from POE same as F1 visa issued from US consulate in terms of internship and OPT?
-4, What is the earliest date can he apply for F1? 120 days or 90 days before school starts? if he applied 120 days before school starts at the POI and get approved, will he be allowed to entering US immediately
-5, Will he lose TD status once approved F1 status?
-6, I saw some school post the step to submit I-539 form, does he need I-539 form?
 
1. No, he does not need a visa. Yes, he can just re-enter at the POE with his I-20 to enter into F1 status.
2. yes
3. status is not visa, but yes, the F1 status is the same
4. What do you mean "apply for F1"? If he is leaving the US and re-entering into F1 status, he can enter no earlier than 30 days before the start of his program. If he is doing Change of Status in the US, then he effective date of the new status he is asking for can be no earlier than 30 days before the start of his program
5. If he is leaving the US, then he ceases to have status when he leaves the US. If he is doing Change of Status, he loses his old status on the effective date of the approved Change of Status
6. That's for Change of Status. It is not necessary if he is leaving the US and re-entering.
 
To add to above, please do not be tempted to do i539 change of status instead of leaving and re+entering, which is so easy for a canadian. I539 has long and unpredictable processing times and combined with the 30-day requirement for F1, has proved very problematic in the past for COS to F1. Crossing the border gives your certainty of date.
 
Why doesn't your son stay in TD status until the age of 21? Going to college/university is allowed under TD status.
As long as the parent stays in TN status, the child can stay in TD status until age 21 (or gets married, which ever comes first).
Based on my research a two years ago, almost all, if not all, colleges/universities consider students on TD status as "out of state" any pay the higher tuition rate (same tuition as F1 students, I recall). So should be no cost difference between TD and F1.
It seems like a hassle to switch from TD to F1, but if you son want's to continue studies after age 21, he must switch before age 21.
 
Why doesn't your son stay in TD status until the age of 21? Going to college/university is allowed under TD status.
As long as the parent stays in TN status, the child can stay in TD status until age 21 (or gets married, which ever comes first).
Based on my research a two years ago, almost all, if not all, colleges/universities consider students on TD status as "out of state" any pay the higher tuition rate (same tuition as F1 students, I recall). So should be no cost difference between TD and F1.
It seems like a hassle to switch from TD to F1, but if you son want's to continue studies after age 21, he must switch before age 21.
Do TD students get the same (limited) work authorization that F1 do?
 
Thank you everyone for the reply. He cannot have driver license, state ID and bank account under TD status, not to mention the work permit. That's why he is willing to switch to F1 as early as possible.

Does anybody have suggestion on which border POE we should go for F1 status? Tijuana san ysidro or US/Canada border? We are closer to Tijuana border and went there to get TN/TD stamp a couple of times already, don't know if it's easy to get F1 status there.
 
Thank you everyone for the reply. He cannot have driver license, state ID and bank account under TD status, not to mention the work permit. That's why he is willing to switch to F1 as early as possible.

Does anybody have suggestion on which border POE we should go for F1 status? Tijuana san ysidro or US/Canada border? We are closer to Tijuana border and went there to get TN/TD stamp a couple of times already, don't know if it's easy to get F1 status there.

My kids were able to obtain their driver’s license under TD when we were in a similar situation, not sure what’s going on with yours. They were also able to open bank accounts under TD status, we just had to get them their own ITIN which the bank used in place of the SSN for their individual accounts.
 
Same here. Spouse and teenager was able to obtain California Drivers License on TD status No concerns. Even able to obtain "Real ID" version of drivers license. Same with Bank Account.
Any Port of Entry should be fine. US/Can or US/Mex.
 
One would need to check with State DMV, since each has varying rules on applying for DL without an SSN (for which an ITIN is not an equivalent), which TD are not eligible for.
 
Nelsona, you are right. ITIN is not accepted at the DMV and Chase bank we went to.

Does anybody have experience on getting F1 status at the border? What kind of questions will the officer ask? Since we all live in US, how can he show "Proof of your ties to Canada"?
 
As far as I know, every state allows legally present foreigners who are not eligible for an SSN to get some kind of driver's license. In some states you have to get a letter from the SSA saying that you are not eligible for an SSN and bring that to the DMV.
 
Hiya all!
I'm now in the same boat. We are Canadians. My son is 18, changing status from B2 to E2, but won't receive adjudication before school starts. We can't wait for an extra year and will let him go to a US-Mexico POE to exit/re-enter and request F1 status. We're in Austin. The nearest border Eagle Pass is 2 hours drive away. My lawyer just reminded the risk that US-Mexico border officers may not know how to process F1 status for Canadians due to insufficient training.

Any advice? Appreciate it!
 
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