J1 Visa to the USA question - non criminal record

[Maca44]

My son has been approved as an exchange student to LSA, Baton Rouge in a couple of months. He has no criminal record; received all the relevant documentation; attended the US Embassy and was granted a J1 Student Visa.

That visa ends on 31 December 2014, and he has a 30 day grace period after the end of his J1 Visa which takes him up to the end of January 2015. He intends travelling for a period after he finishes college, and therefore booked his return flights out of LAX in mid February.

My question is: after that 30 day grace period for his J1 Visa at the end of January, and he is planning on going south outside the US, can he re-enter the USA under the Visa Waiver Program?

 

[jubian]

Depends - if your son is planning on travelling to a contiguous territory (Mexico, Canada) or any neighbouring islands, then he may run the risk of not being re-admitted into the US, since the VWP does not allow reentry after leaving to a contiguous territory. While the clause probably only applies to those departing and re-entering on VWP, it's probably not a risk you want to be running if your son is halfway across the world.

My advice is that he applies for a tourist visa. It costs a bit more, and it'll mean another trip to the embassy if your son's already received his J-1 visa, but B-1/B-2 visas do not carry the contiguous territory restriction. I'm doing something similar (doing tourism travel prior on the B-2, then starting my studies on the J-1).

You can find a lot of information on combination visas on the Canberra Embassy FAQ: http://canberra.usembassy.gov/niv_faqs.html#specvisa

Hope this helps!

 

[coles525]

Depends - if your son is planning on travelling to a contiguous territory (Mexico, Canada) or any neighbouring islands, then he may run the risk of not being re-admitted into the US, since the VWP does not allow reentry after leaving to a contiguous territory. While the clause probably only applies to those departing and re-entering on VWP, it's probably not a risk you want to be running if your son is halfway across the world.

My advice is that he applies for a tourist visa. It costs a bit more, and it'll mean another trip to the embassy if your son's already received his J-1 visa, but B-1/B-2 visas do not carry the contiguous territory restriction. I'm doing something similar (doing tourism travel prior on the B-2, then starting my studies on the J-1).

You can find a lot of information on combination visas on the Canberra Embassy FAQ: http://canberra.usembassy.gov/niv_faqs.html#specvisa

Hope this helps!

General question about the VWP not allowing re-entry from Canada...

I'm of to USA later in the year (U class asa), and after reading your reply just now, has me thinking that when we visit Niagara Falls USA side; then walking over the Canada border to see it "from the other side", we might not be allowed to re enter USA?

We don't have any B1, B2 or actual visa, only the online clearance version which is approved.

Do I make sense? Am I just taking your answer over the top?

 

[jubian]

I'm not too sure how that would work, although if you find that you have to cross some sort of land border checkpoint (I presume you were looking to cross Rainbow Bridge), you definitely run the risk of not being re-admitted. I recommend you either depart from Canada (which is a beautiful country anyway!), or obtain a B visa.

As a side note, visas will tell you how many re-entries you are allowed, and you'll need to be aware of this if you apply for a visa with the intention of re-entry. The B-2 visa I obtained has the letter "M" under the "Entries" field, which means I am permitted to enter multiple times. While I believe this is the default for Australian citizens, it's worth a check with the embassy.

 

[coles525]

Just checked the Canberra website of US embassy from your link:

Should still look into it further, as well as contact them.

 

[cirqueboy]

If his re-entry into the US is for transit to catch the flight home from LAX it should be ok.

At least IME traveling from Mexico to Canada with transit in US and back again the following week it was no problem. I did have valid work Visas for Mexico and Canada though, so that may have something to do with it...

 

[raleyoz]

Depends - if your son is planning on travelling to a contiguous territory (Mexico, Canada) or any neighbouring islands, then he may run the risk of not being re-admitted into the US, since the VWP does not allow reentry after leaving to a contiguous territory. While the clause probably only applies to those departing and re-entering on VWP, it's probably not a risk you want to be running if your son is halfway across the world.

My advice is that he applies for a tourist visa. It costs a bit more, and it'll mean another trip to the embassy if your son's already received his J-1 visa, but B-1/B-2 visas do not carry the contiguous territory restriction. I'm doing something similar (doing tourism travel prior on the B-2, then starting my studies on the J-1).

You can find a lot of information on combination visas on the Canberra Embassy FAQ: http://canberra.usembassy.gov/niv_faqs.html#specvisa

Hope this helps!

I do not think this is correct.

If the student leaves the country and then J1 visa expires then the can most certainly enter on the VWP to which they will be allowed upto a 90 day period.
Jubian, the quote you have attached is correct when you enter on a VWP which this student has not. They were in the USA on a J1 , they leave to go to Mexico , and reenter under the VWP. All fine, but if the HS Officer wants to they can modify the time allowed, as 90 days is the max, so if they are suspicious could make this 5 days , up to the officer. I would advise the OP to make sure all the USA portion of the reenter is short , just in case!

So the trip to Niagara is ok and done a million times a day. You are completely safe to reenter under the VWP , just don't expect your 90 days to be reset.

 

[jubian]

At least IME traveling from Mexico to Canada with transit in US and back again the following week it was no problem. I did have valid work Visas for Mexico and Canada though, so that may have something to do with it...

I'm sure your visa played a role in your re-entry

I do not think this is correct.

If the student leaves the country and then J1 visa expires then the can most certainly enter on the VWP to which they will be allowed upto a 90 day period.
Jubian, the quote you have attached is correct when you enter on a VWP which this student has not. They were in the USA on a J1 , they leave to go to Mexico , and reenter under the VWP. All fine, but if the HS Officer wants to they can modify the time allowed, as 90 days is the max, so if they are suspicious could make this 5 days , up to the officer. I would advise the OP to make sure all the USA portion of the reenter is short , just in case!

So the trip to Niagara is ok and done a million times a day. You are completely safe to reenter under the VWP , just don't expect your 90 days to be reset.

I'll take your word for this, although it is then important for OP to ensure he has an onward ticket out of the States (as expected by all entrants under VWP), and brings an itinerary with them. You are right about multiple re-entries on the VWP, although that still leaves the question of transferring from J-1 to VWP a bit uncertain.

Even if you are right, though, my main concern has to do with the fact that such an itinerary may require more explanation to the border patrol officer, which is something best minimised if you're trying to enter the US on a scheme where a single denial can have you banned from using the VWP again...

 

[Maca44]

Thanks to all.
Will take it all on board, and have him return to the US Embassy to definitely confirm things.
My main concern was that after the expiration of the 30 day grace period (which it indicates is purely for the purpose of leaving the USA and nothing else) that he will be refused entry back into the USA in February. His 30 day grace period expires on or about the end of January 2015.

 

[jubian]

You shouldn't have any issue if you return from Australia