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

Related Topics:
1 Lawyer Answer
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered

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.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.