I had a J1 trainee visa, can I go to Canada and come back with an ESTA?









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I'm from Italy and I had a J1 visa for the US for a year and a half. Now it's expired (I'm in the grace period) but I want to stay longer in California to travel a little bit, because this year I did this trainee-ship and I didn't have the possibility to visit all places that I wanted to.



The question is: Can I go to Canada and come back to the US with an ESTA? I'm not subject to the two years rule to go back to Italy? Is it risky after a J1? Do they believe me? How can convince them that I want to travel a little?



Is it easier to do this via Canada than Mexico? My lawyer said yes but I want to be sure.










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  • 5




    I'm not subject at two years rule to go back to Italy? — is that a question? Doesn't it say on your visa? My lawyer said yes but I want to be sure., are you really more sure based on an internet forum answer than based on a lawyer's answer?
    – gerrit
    Mar 11 '13 at 9:29











  • Don't US allow you to travel for 30 days after the visa expired? I do believe so, and it is written on your visa documentation.
    – Vince
    Mar 11 '13 at 9:42






  • 3




    Since you have a lawyer, you should ask them.
    – txwikinger
    Mar 12 '13 at 2:16














up vote
4
down vote

favorite












I'm from Italy and I had a J1 visa for the US for a year and a half. Now it's expired (I'm in the grace period) but I want to stay longer in California to travel a little bit, because this year I did this trainee-ship and I didn't have the possibility to visit all places that I wanted to.



The question is: Can I go to Canada and come back to the US with an ESTA? I'm not subject to the two years rule to go back to Italy? Is it risky after a J1? Do they believe me? How can convince them that I want to travel a little?



Is it easier to do this via Canada than Mexico? My lawyer said yes but I want to be sure.










share|improve this question



















  • 5




    I'm not subject at two years rule to go back to Italy? — is that a question? Doesn't it say on your visa? My lawyer said yes but I want to be sure., are you really more sure based on an internet forum answer than based on a lawyer's answer?
    – gerrit
    Mar 11 '13 at 9:29











  • Don't US allow you to travel for 30 days after the visa expired? I do believe so, and it is written on your visa documentation.
    – Vince
    Mar 11 '13 at 9:42






  • 3




    Since you have a lawyer, you should ask them.
    – txwikinger
    Mar 12 '13 at 2:16












up vote
4
down vote

favorite









up vote
4
down vote

favorite











I'm from Italy and I had a J1 visa for the US for a year and a half. Now it's expired (I'm in the grace period) but I want to stay longer in California to travel a little bit, because this year I did this trainee-ship and I didn't have the possibility to visit all places that I wanted to.



The question is: Can I go to Canada and come back to the US with an ESTA? I'm not subject to the two years rule to go back to Italy? Is it risky after a J1? Do they believe me? How can convince them that I want to travel a little?



Is it easier to do this via Canada than Mexico? My lawyer said yes but I want to be sure.










share|improve this question















I'm from Italy and I had a J1 visa for the US for a year and a half. Now it's expired (I'm in the grace period) but I want to stay longer in California to travel a little bit, because this year I did this trainee-ship and I didn't have the possibility to visit all places that I wanted to.



The question is: Can I go to Canada and come back to the US with an ESTA? I'm not subject to the two years rule to go back to Italy? Is it risky after a J1? Do they believe me? How can convince them that I want to travel a little?



Is it easier to do this via Canada than Mexico? My lawyer said yes but I want to be sure.







visas usa esta j1-visas






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edited Apr 15 '14 at 17:11









Community

1




1










asked Mar 11 '13 at 0:21









Rosa

212




212







  • 5




    I'm not subject at two years rule to go back to Italy? — is that a question? Doesn't it say on your visa? My lawyer said yes but I want to be sure., are you really more sure based on an internet forum answer than based on a lawyer's answer?
    – gerrit
    Mar 11 '13 at 9:29











  • Don't US allow you to travel for 30 days after the visa expired? I do believe so, and it is written on your visa documentation.
    – Vince
    Mar 11 '13 at 9:42






  • 3




    Since you have a lawyer, you should ask them.
    – txwikinger
    Mar 12 '13 at 2:16












  • 5




    I'm not subject at two years rule to go back to Italy? — is that a question? Doesn't it say on your visa? My lawyer said yes but I want to be sure., are you really more sure based on an internet forum answer than based on a lawyer's answer?
    – gerrit
    Mar 11 '13 at 9:29











  • Don't US allow you to travel for 30 days after the visa expired? I do believe so, and it is written on your visa documentation.
    – Vince
    Mar 11 '13 at 9:42






  • 3




    Since you have a lawyer, you should ask them.
    – txwikinger
    Mar 12 '13 at 2:16







5




5




I'm not subject at two years rule to go back to Italy? — is that a question? Doesn't it say on your visa? My lawyer said yes but I want to be sure., are you really more sure based on an internet forum answer than based on a lawyer's answer?
– gerrit
Mar 11 '13 at 9:29





I'm not subject at two years rule to go back to Italy? — is that a question? Doesn't it say on your visa? My lawyer said yes but I want to be sure., are you really more sure based on an internet forum answer than based on a lawyer's answer?
– gerrit
Mar 11 '13 at 9:29













Don't US allow you to travel for 30 days after the visa expired? I do believe so, and it is written on your visa documentation.
– Vince
Mar 11 '13 at 9:42




Don't US allow you to travel for 30 days after the visa expired? I do believe so, and it is written on your visa documentation.
– Vince
Mar 11 '13 at 9:42




3




3




Since you have a lawyer, you should ask them.
– txwikinger
Mar 12 '13 at 2:16




Since you have a lawyer, you should ask them.
– txwikinger
Mar 12 '13 at 2:16










2 Answers
2






active

oldest

votes

















up vote
8
down vote













If you're not subject to a 2-year rule, the only potential problem you may face when returning to the country almost immediately after leaving is that they may suspect that you're going back to work/stay for longer. In such cases, documentation will help you convince the immigration officer of your intention to do tourism: Most importantly, you should have your flight reservation for your trip back to Italy, but of course hotel reservations will further help you make your case.






share|improve this answer





























    up vote
    1
    down vote













    You can reenter if you have visa waiver status and your ESTA approval. However, as stated above, it helps to have you further travel itinerary booked to show that you aren't trying to reenter to stay and work in the US.
    If you're using your VWP entry for the first time after your visa expired that should be perfectly fine, although one never knows. Basically, ESTA means that you're eligible to board flights etc. to the US, but it does not guarantee entry. However, it should be ok.



    PS. also inform your IO that you're entering on ESTA this time, since they might take a look at the visa and see that your grace period is up and be confused (although that didn't happen in my case).






    share|improve this answer




















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      2 Answers
      2






      active

      oldest

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      2 Answers
      2






      active

      oldest

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      active

      oldest

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      active

      oldest

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      up vote
      8
      down vote













      If you're not subject to a 2-year rule, the only potential problem you may face when returning to the country almost immediately after leaving is that they may suspect that you're going back to work/stay for longer. In such cases, documentation will help you convince the immigration officer of your intention to do tourism: Most importantly, you should have your flight reservation for your trip back to Italy, but of course hotel reservations will further help you make your case.






      share|improve this answer


























        up vote
        8
        down vote













        If you're not subject to a 2-year rule, the only potential problem you may face when returning to the country almost immediately after leaving is that they may suspect that you're going back to work/stay for longer. In such cases, documentation will help you convince the immigration officer of your intention to do tourism: Most importantly, you should have your flight reservation for your trip back to Italy, but of course hotel reservations will further help you make your case.






        share|improve this answer
























          up vote
          8
          down vote










          up vote
          8
          down vote









          If you're not subject to a 2-year rule, the only potential problem you may face when returning to the country almost immediately after leaving is that they may suspect that you're going back to work/stay for longer. In such cases, documentation will help you convince the immigration officer of your intention to do tourism: Most importantly, you should have your flight reservation for your trip back to Italy, but of course hotel reservations will further help you make your case.






          share|improve this answer














          If you're not subject to a 2-year rule, the only potential problem you may face when returning to the country almost immediately after leaving is that they may suspect that you're going back to work/stay for longer. In such cases, documentation will help you convince the immigration officer of your intention to do tourism: Most importantly, you should have your flight reservation for your trip back to Italy, but of course hotel reservations will further help you make your case.







          share|improve this answer














          share|improve this answer



          share|improve this answer








          edited Mar 12 '13 at 13:50









          Karlson

          41.4k787186




          41.4k787186










          answered Mar 12 '13 at 13:21









          Jonas

          6,2163050




          6,2163050






















              up vote
              1
              down vote













              You can reenter if you have visa waiver status and your ESTA approval. However, as stated above, it helps to have you further travel itinerary booked to show that you aren't trying to reenter to stay and work in the US.
              If you're using your VWP entry for the first time after your visa expired that should be perfectly fine, although one never knows. Basically, ESTA means that you're eligible to board flights etc. to the US, but it does not guarantee entry. However, it should be ok.



              PS. also inform your IO that you're entering on ESTA this time, since they might take a look at the visa and see that your grace period is up and be confused (although that didn't happen in my case).






              share|improve this answer
























                up vote
                1
                down vote













                You can reenter if you have visa waiver status and your ESTA approval. However, as stated above, it helps to have you further travel itinerary booked to show that you aren't trying to reenter to stay and work in the US.
                If you're using your VWP entry for the first time after your visa expired that should be perfectly fine, although one never knows. Basically, ESTA means that you're eligible to board flights etc. to the US, but it does not guarantee entry. However, it should be ok.



                PS. also inform your IO that you're entering on ESTA this time, since they might take a look at the visa and see that your grace period is up and be confused (although that didn't happen in my case).






                share|improve this answer






















                  up vote
                  1
                  down vote










                  up vote
                  1
                  down vote









                  You can reenter if you have visa waiver status and your ESTA approval. However, as stated above, it helps to have you further travel itinerary booked to show that you aren't trying to reenter to stay and work in the US.
                  If you're using your VWP entry for the first time after your visa expired that should be perfectly fine, although one never knows. Basically, ESTA means that you're eligible to board flights etc. to the US, but it does not guarantee entry. However, it should be ok.



                  PS. also inform your IO that you're entering on ESTA this time, since they might take a look at the visa and see that your grace period is up and be confused (although that didn't happen in my case).






                  share|improve this answer












                  You can reenter if you have visa waiver status and your ESTA approval. However, as stated above, it helps to have you further travel itinerary booked to show that you aren't trying to reenter to stay and work in the US.
                  If you're using your VWP entry for the first time after your visa expired that should be perfectly fine, although one never knows. Basically, ESTA means that you're eligible to board flights etc. to the US, but it does not guarantee entry. However, it should be ok.



                  PS. also inform your IO that you're entering on ESTA this time, since they might take a look at the visa and see that your grace period is up and be confused (although that didn't happen in my case).







                  share|improve this answer












                  share|improve this answer



                  share|improve this answer










                  answered Feb 27 '17 at 22:10









                  Rumpelstilzchen

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