Redmond, WA asked in Immigration Law for Washington

Q: Can I enter canada from US on W1 and return back to US using F1?

Hi,

I will be moving to Canada next month on W1. My EAD expires May 19th. I wanted to visit Canada before to check out neighborhoods and put stuff in storage.

Is it possible to enter and exit Canada on W1 (I don't have visitors visa from Canada)?

- What documents would I need to go to Canada? I have my passport, valid work visa, the work permit letter and the offer letter with me.

- What documents would I need to come back to US? I have my passport, expired F1 Visa, valid EAD (till May 19) and latest I-20 (till May 19th) with me

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1 Lawyer Answer
James L. Arrasmith
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Answered
  • Immigration Law Lawyer
  • Sacramento, CA

A: Based on the information provided, here are some key points and answers to your questions:

1. Entering Canada on W1:

- As a U.S. visa holder (W1), you may be eligible to enter Canada without a visitor visa under certain conditions.

- You should have a valid passport, your W1 visa, the work permit letter, and the offer letter when entering Canada.

- It's recommended to carry any additional supporting documents that prove your ties to the U.S. and your intention to return after your visit to Canada.

2. Returning to the U.S. on F1:

- Your expired F1 visa and valid EAD (until May 19) should allow you to re-enter the U.S., as long as you have not been outside the U.S. for more than 5 months.

- Carry your passport, expired F1 visa, valid EAD, and the latest I-20 (valid until May 19) when returning to the U.S.

- If your EAD expires while you are in Canada, you may face difficulties re-entering the U.S. It's essential to ensure that you return to the U.S. before your EAD expires on May 19.

However, it is crucial to note that border officials have the final say in allowing entry into either country. It's advisable to consult with the Canadian and U.S. immigration authorities or an immigration lawyer to ensure that you have all the necessary documents and meet the requirements for entering and exiting both countries.

Also, keep in mind that travel restrictions and requirements may change due to the ongoing COVID-19 pandemic. Check the latest travel advisories and guidelines issued by the Canadian and U.S. governments before your trip.

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