Entering USA under VWP while also being a student

Entering USA under VWP while also being a student - Serious ethnic woman messaging via smartphone while standing near subway

I am a a dual-citizen in two European countries A and B. I am currently a J1 Visa student in USA using my A passport, but will be going to Europe to work during the summer, and return to the US again in august to continue my program.

During my stay in Europe I will need to obtain a new J1 Visa, a new passport (old one is expiring), and will somewhere in-between receive a new DS2019 from my program sponsor.

During the summer I am considering flying to the US with my SO for around two weeks as a tourist. As far as I know this is perfectly legal for me to do using my B-country passport under VWP. However, I am worried I might run into trouble at the border because:

  1. I've just spent 10 months in the US and actually have all my things put into storage here
  2. I don't have a DS2019 to show that I am/will be a legitimate student again in the future. Naturally I have no doubts that I will receive one, but the bureaucratic process takes some time
  3. Me using a different passport might appear fishy to the border agent, even though I have disclosed my dual-citizenship to the US before, and my I94 history correctly shows all my entries across all passports

As such I wonder, what precautions should I take, or alternatively what would be good documents to bring with me to avoid being turned away at the border?






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Can I enter the U.S. as a student?

Generally, a citizen of a foreign country who wishes to enter the United States must first obtain a visa, either a nonimmigrant visa for temporary stay, or an immigrant visa for permanent residence. You must have a student visa to study in the United States.

Can I have both tourist and student visa USA?

Yes, as long as the visas are for different purposes. For example it is OK to have a B1/B2 (tourist/business) and F1 (student) together, but not OK to have two valid F1 visas.

Can I travel to the U.S. with a waiver?

US Waivers enable a foreign national to travel to the United States with a criminal record that would otherwise render them ineligible to cross the border. A US Travel Waiver requires a person to get fingerprinted in order to obtain their Royal Canadian Mounted Police or RCMP criminal file via Form C-216C.

Can I have both B1 and F1 visa?

You cannot have both. you are on F-1 visa now and you will stay on F1 status until you finish your studies. Once you finish your studies, you may change your status back to B1/B2 while you are in the U.S. However, once you leave the U.S. on...



What 10 things YOU must to know about ESTA travel authorization. Visa Waiver Program




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