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Leaving the States as a visitor on a B2 and re-entering soon on a F1

Edmonds, WA |

I entered the States on a B1/B2 and No AOS / No EOS was stamped on my I-94. I am allowed to stay in the country only until Aug 22. I also got my F1 to start school in Sep 12 but due the circumstances I would have to leave the country and reenter it on my F1. I am from South America. Is it ok if I just go to Mexico for 1 day and reenter the States? Should I stay longer out of the States? Should I go back to my country instead of another foreign country? Why if I go to Mexico on the 21 of Aug and come back to the States on my F1 on the 22 of August? Would I have any problem trying to reenter to the States?

Attorney Answers 3

Posted

That may be possible.

J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.

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3 comments

Asker

Posted

It may possible to have any issues when trying to re-enter the country?

Asker

Posted

Thank you Dr. Ferrari for your comment.

J Charles Ferrari

J Charles Ferrari

Posted

No one can guarantee that you will not have any issues. I have seen people denied entry even though they had all the required visa stamps and had no basis to run into trouble.

Posted

You should reenter from the country where the visa was issued to minimize problems. You can however reenter from any country. You should not have a problem reentering but no one can guess what CBP officers will do at your port of entry.

This is not legal advice. This is merely a recommendation on how to get what you need from the Court.

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1 lawyer agrees

Posted

Do you have an actual F-1 in your passport? If so, a quick trip to Mexico is fine.

IMMIGRATION LAW PROFESSOR for 10 years -- LEGAL DISCLAIMER: This answer is offered for informational purposes only. It does not constitute an attorney-client relationship.

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2 comments

Asker

Posted

Is there a minimum length of stay in Mexico in that case? For example, if I were to exit on my B2 on January 8th, should I be able to come back to USA with my F1 visa on January 9th?

F. J. Capriotti III

F. J. Capriotti III

Posted

Yes, if you have a current and valid F-1, along with a current I-20 and SEVIS.

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