Does driving into Canada count as leaving the US?

[threeoten 0]

Hi, I'm reading such conflicting answers on this topic and hoping for some clarity. If I'm an Irish citizen and have an M1 student visa (US) that expires July 1, 2019 and I leave the US before then by driving into Canada, will that be recorded as sufficiently leaving the US as to not overstay? Some people seem to say that Canada and Mexico don't count, some say it does.

Thanks

[Roel 7,192]

58 minutes ago, threeoten said:

Hi, I'm reading such conflicting answers on this topic and hoping for some clarity. If I'm an Irish citizen and have an M1 student visa (US) that expires July 1, 2019 and I leave the US before then by driving into Canada, will that be recorded as sufficiently leaving the US as to not overstay? Some people seem to say that Canada and Mexico don't count, some say it does.

Thanks

It doesnt count. 

[threeoten 0]

What do you make of the replies on my post here?: https://www.avvo.com/legal-answers/authorized/does-driving-into-canada-count-as-sufficiently-lea-4409355.html

[geowrian 22,337]

For leaving the US, I believe it would count. But re-entry would be under the same I-94, so you can't do a "border run" to reset your period of legal status.

[threeoten 0]

1 minute ago, geowrian said:

For leaving the US, I believe it would count. But re-entry would be under the same I-94, so you can't do a "border run" to reset your period of legal status.

After spending 2-3 weeks in Canada, what if I have a B1/B2 US tourist visa that is valid until 2022, is CBP likely to give new status on that visa to come and visit for another month, especially if I have a flight ticket booked showing them I will leave the US?

[arken 4,197]

16 minutes ago, threeoten said:

After spending 2-3 weeks in Canada, what if I have a B1/B2 US tourist visa that is valid until 2022, is CBP likely to give new status on that visa to come and visit for another month, especially if I have a flight ticket booked showing them I will leave the US?

Possible, the CBP would admit you in B2 status if they allow you in.

OR 

They could also deny your entry to the US saying you have just been in the US that long for study, there is no reason for you to visit the US so soon. In that case, you have to return to your home country from Canada.

[geowrian 22,337]

43 minutes ago, threeoten said:

After spending 2-3 weeks in Canada, what if I have a B1/B2 US tourist visa that is valid until 2022, is CBP likely to give new status on that visa to come and visit for another month, especially if I have a flight ticket booked showing them I will leave the US?

Entering with a new status would be at the discretion of CBP. Re-entry as a tourist shortly after an extended stay would likely not be viewed favorably.

A return ticket does not indicate that one will exit the US on time...it's 1 call to cancel, or just not showing up. The overwhelming majority of people who did overstay a tourist visa likely had a return ticket, and all VWP travelers did.

 

[TBoneTX 45,159]

Thread is moved from the Tourist Visas forum to the Student & Exchange Visitor Visas forum.

[SusieQQQ 11,586]

5 hours ago, threeoten said:

What do you make of the replies on my post here?: https://www.avvo.com/legal-answers/authorized/does-driving-into-canada-count-as-sufficiently-lea-4409355.html

Your posted question there only asks about leaving the US - you didn't mention anything about trying to re-enter the US again afterwards. 

4 hours ago, threeoten said:

After spending 2-3 weeks in Canada, what if I have a B1/B2 US tourist visa that is valid until 2022, is CBP likely to give new status on that visa to come and visit for another month, especially if I have a flight ticket booked showing them I will leave the US?

This is a different question and yes, it does matter. Normally if you leave the US (to canada and then on to home) that's fine. If you leave and then re-enter it is not as it still counts under the same i94. Now - you want to try re-enter on a different visa. I presume you already have this visa? Do you have a plan B that can involve going from Canada directly home without passing go and collecting all your stuff in the US if you are not allowed back in?

Edited June 4, 2019 by SusieQQQ

[threeoten 0]

Update: Short answer is yes, it counts. She was let back in on her tourist visa with no problems whatsoever. It was a breeze. We even took a ferry from Vancouver Island to WA state so she had to go through 2 checkpoints.. twice the questioning. Her departure out of the US on the student visa was recorded and no overstay. She didn't have to fly out overseas and wait.. just up to Canada for a couple weeks and back. Easy.