Miami, FL asked in Immigration Law for Florida

Q: Changed my B1/B2 to F1 inside the US, plz how can I get travel document to travel to my country, no consulate there now

My B1/B2 is still valid, can I still use it to re-enter? I have Canadian visa too can I fill out the DS-160 here and schedule an appointment in Canada us consulate? Can I travel with my I-797A to Canada and re-enter to the Usa?

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: To address your situation, here's what you need to know:

1. Travel Document: As an F-1 student, you don't need a separate travel document. Your primary travel documents are:

- Valid passport

- Valid F-1 visa

- Current I-20 form signed for travel

2. Visa Stamp: Unfortunately, you cannot get a visa stamp inside the US. Visa stamps are only issued at US embassies or consulates abroad.

3. Options for Travel:

a) Travel to a third country: You could potentially travel to a nearby country with a US embassy or consulate (e.g., Dominican Republic, Jamaica) to apply for your F-1 visa stamp. However, this carries risks:

- No guarantee of visa approval

- Possible delays if additional administrative processing is required

b) Travel to Haiti without a valid F-1 visa stamp:

- You can leave the US, but you won't be able to re-enter without a valid F-1 visa stamp

- This option is risky given the current situation in Haiti and lack of visa services there

4. Recommendation: Given the complexities of your situation, it's advisable to:

- Consult with your school's International Student Office for guidance

- Consider speaking with an immigration attorney for personalized advice

- Monitor the situation in Haiti and US State Department announcements for any changes in consular services

5. Future Planning: When consular services resume in Haiti or if you plan to visit a third country, ensure you have:

- A valid passport

- A current I-20 signed for travel

- Proof of enrollment and good academic standing

- Evidence of ties to your home country and intent to return after studies

Remember, traveling without a valid visa stamp means you won't be able to re-enter the US as an F-1 student. Carefully weigh your options and seek professional advice before making any decisions.

1 user found this answer helpful

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.