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Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 105126
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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I'm in the US on the visa waiver program travelling from

Customer Question

I'm in the US on the visa waiver program travelling from Australia. I've been admitted to a Masters program at Johns Hopkins University commencing in late August. I obviously need to transition to an F-1 visa from outside the US. Can I do that at a Consulate or Embassy in Mexico or Canada, or do I have to fly home all the way to Australia? Please God don't make me do that again.
JA: What is your official status? Do you have any pending applications or petitions with USCIS?
Customer: No, I've come in on the visa waiver program. I didn't intend to stay.
JA: Have you talked to a lawyer yet?
Customer: Not yet. I have a law degree so figured I could muddle through but realise it would probably be easier to speak to a lawyer.
JA: Anything else you think the lawyer should know?
Customer: I love America and I'm here to help. Beyond that, nada.
Submitted: 3 months ago.
Category: Immigration Law
Expert:  Jennifer Marie, Esq. replied 3 months ago.

Hi there, my name is ***** ***** I will be the licensed immigration attorney helping you today.

Unfortunately I won't have very good news for you about this.. Hope you can understand and I'm sure you know holding a law degree, that I don't make the law here and I can't change it. Hopefully you can rate me based on my service and not whether it's good or bad news.

Since you entered the US on the VWP you would not be able to get another visa in either Canada or Mexico. Even if you were allowed, both countries are unlikely to entertain your F-1 visa application because you would not be able to prove that you have ties to either country unless you've lived in either. Without that, your application has a much higher chance of denial. You will be able to show your intent to return to Australia better than Mexico or Canada.

Good luck to you during this process and I hope this answer has helped you!

Please kindly remember to leave a POSITIVE RATING now before you leave this page by choosing from the STARS. This is very important since it is how I receive credit for my service from what you paid. If you don't leave a rating, I receive no credit for my time.

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Expert:  James-cssm replied 3 months ago.
We received your customer service inquiry, however, we are unable to respond to you because we do not have your email address. Please contact customer support at***@******.*** and provide us with your email address and a link to this question page so that we can help you. Thank you, ***** ***** Customer Support Team.

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