Can I travel to Mexico for 4 days?

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Can I travel to Mexico for 4 days?

I have been in the U.S. for 7 years on H1B. Recently, I changed my status to F1

without leaving the country. I am now enrolled full time in my MBA program. Can I

travel to Mexico for 4 days? My F1 COS status is valid until D/S; I don’t have an F1 visa stamped on my passport; my H1B visa stamp is expired; my H1B 797 is valid until next summer.

Asked on October 4, 2018 under Immigration Law, New York

Answers:

SB Member California Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

You will not be able to return to the US if you travel to Mexico since you do not have a valid F-1 visa stamp in your passport.  You will have to obtain a valid F-1 visa first before being able to return to the US and return to your MBA program.  It is unlikely that the US Consulate in Mexico will entertain an application for a F-1 visa there if you are only there for a brief 4 day vacation but this is possible if you find out in advance whether they will accomodate you.  If not, however, know that you will need to travel to your home country to apply for the visa directly from Mexico since you have no way of getting back into the US.


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