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?

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

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.

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