expired F-1 apply for change to B-2

[kirsten867 0]

Hello! I am a Canadian citizen currently in the USA and my visa is past its expiry date. I arrived in the USA in 2010 on a F-1 student visa. After I graduated in may 2014, I extended my stay using the OPT work authorization granted by the USCIS. my OPT expired on 06/29/2015, but I believe that the USA grants you a 60 day grace period to remove yourself from the country after the expiration date. that date for me will be 2 days from now, 08/28/2015. I was very recently in the process of renewing my student visa when the plans suddenly fell through, and I am not sure how to extend my stay in the US. Would it be possible for me to come back to the US on a B-2? I heard that Canadian citizens do not need to apply for a B-2, and that they are granted up to 180 days to stay in the US, is this information correct? Any input is greatly appreciated! Thank you!

[newacct 688]

Yes, Canadians don't need a B-2 visa (and generally don't need an F-1 visa either). Yes, you should be able to just go back to Canada and come back as a visitor.

[kirsten867 0]

thanks for your response! do you think if i went back a little bit past my 60 days it would be a big deal or should I try to get myself out of the US by tomorrow just to be safe??

[Mollie09 1,543]

You should definitely get out before the grace period ends. An overstay is an overstay.

That being said, to come back in you might have to prove ties to Canada since you've been in the US for a long time.

[Teddy B 17,252]

Yes, Canadians don't need a B-2 visa (and generally don't need an F-1 visa either). Yes, you should be able to just go back to Canada and come back as a visitor.

Having been in the US since 2010, how will she prove any solid ties to Canada? I think it will be a bit more difficult than a simple re-entry as a tourist. And there's a pretty good chance she is already out of status which would give her an overstay.

Op, I answered your post in the Canada forum, I'll post my answer here as well:

If you are currently out of status, which it appears you are, you will not be able to extend your stay from inside the US. You can go back to Canada and attempt re-entry as a tourist but there's a good chance you will be denied entry if your current situation is deemed as an overstay. The CBP may also think you are spending too much time in the US and deny you entry, but you've got nothing to lose by trying.

Edited August 27, 2015 by Teddy B

[newacct 688]

If you are currently out of status, which it appears you are, you will not be able to extend your stay from inside the US.

The OP is not out of status though. The OP said they are in their grace period, which is F1 status.

[Teddy B 17,252]

The OP is not out of status though. The OP said they are in their grace period, which is F1 status.

You're right, she does have one day left. So technically she has one day to leave the country, if she hasn't already. But the re-entry problems still exist, she has no ties to Canada and her previous 5 years in the US will be documented for CBP to see. Again, nothing to lose by trying.

[Boiler 45,939]

I assumed she was in the US?