F1 Visa after Border problems

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NewCanuckNew Member
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Posts: 4
Joined: 23 Apr 2010

F1 Visa after Border problems

Post Fri Apr 23, 2010 12:04 pm

I recently attempted to visit the US as a "tourist" with a Canadian passport. I ran in to problems at the border because the border officer felt I demonstrated intent to study and work in the US and did not have proper documentation.

I attempted to travel to the US under the following circumstances:
- I had recently resigned from my job in Canada and planned on traveling for 2-3 months to visit some US universities and take a break visiting friends. I was going to travel to England after the US, then back to Canada.
- I was not planning on studying in the US until a later date and planned on leaving the US in the legally allotted time as a tourist
- I gave up my apartment in Canada because I had just become divorced and wanted to travel first before committing to a new property. I had been living with family in Canada before traveling.
- I had a good luck card from some former colleagues indicating that I was pursuing "new ventures" in the US. The border officer assumed this meant I was looking to move there right away and they did not accept my explanation that my colleagues were wishing me well on exploring future opportunities and traveling. They also read my personal diary which indicated I had been exploring options on studying and working in the US.

The border official felt that based on the above, I did not demonstrate sufficient ties to return to Canada and fell under the inadmissible category as a tourist. The border officer took photocopies of what he felt was evidence, and I made statements under oath regarding my travel plans. However, in the end, I was not Denied entry to the US, but I was given the option to "Withdraw my application to enter the US." I was not given any future ban on entering the US and was told that if I were to enter in the future with proper student/work authorization, I shouldn't have a problem.

However, since then, I have been accepted to a US university and they will let me study in the Summer (I had originally intended on going back in the Fall). A friend has sponsored me for financing my studies.

Once I receive my I-20 from the school, I know I have to go back to the border to file for F1 status. I am nervous about this based on what I went through before. I am starting to pay tuition fees, and am worried that I will run into problems again even though I will have a valid I-20.

I am looking to return to school in the US in order to make some changes in my life, experience a new country, and upgrade my professional skills. After my studies, I may return to Canada or England unless I happen to do OPT which is an option with the program I am planning on studying for.

Has anyone heard of any problems obtaining a F1 visa based on previous problems traveling as a tourist to the US? Again, I was not Denied or banned from entry, but withdrew my application to visit.

Thanks!

-- Fri Apr 23, 2010 11:19 am --

Just one more question: from reading other posts, it appears that you must maintain a residence in Canada to qualify for F-1 status. I am just wondering how on earth people manage to prove this? I have friends who are studying in the US into their 30s (PhDs, law school, etc) and there is no way they could afford two residences... and they definitely don't live with their parents in Canada. I gave up my apartment and moved in with family because I couldn't afford to not work, go to school and pay for two places to live at the same time. However, I do have all of my belongings at my family's residence.
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agnelsonCanuckAbroad VIP
Posts: 3263
Topics: 1
Joined: 26 Aug 2009

Re: F1 Visa after Border problems

Post Fri Apr 23, 2010 1:27 pm

You won't have any issues entering since you have your I-20. But officr was bang-on denying you entry based on what you told him and what your intentions were (visiting universities -- right!).

You need to provide evidence of foreign residence.
This site is a travel site and not best source for these topics:
TN and TD info: http://forums.immigration.com/forumdisp ... -TN-Status
For US/Cdn taxes and SS/CPP:forums.serbinski.com/index.php
US Marriage-based Immigration: visajourney.com
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NewCanuckNew Member
Topic author
Posts: 4
Joined: 23 Apr 2010

Re: F1 Visa after Border problems

Post Fri Apr 23, 2010 1:44 pm

Thanks, agnelson.

I am confused about not being allowed to enter the US as a tourist because I was visiting universities there. Is it not reasonable that I would visit the campuses and meet with advisors before deciding to enroll somewhere? I used to work at a university in Canada, and I had foreign visitors dropping by all the time to see if it was somewhere they would want to pay money enrolling at.

Do you have any advice on how to prove residence somewhere? Would a lease agreement provide this? My sister has offered to rent me a room in her house while I get myself on my feet here (with no job and not too much money)!

Second, does it matter that a friend has sponsored me for my I-20? I have some savings of my own, but not the full amount required - so my friend agreed to sponsor for the amount should I run into any problems. I'm wondering if I will be asked questions about this at the border... surely it can't be that unusual.
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