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I am starting a graduate program in the U.S. in August, and I already have an F-1 visa in hand. However, I would like to visit my boyfriend in late May to attend his graduation, which coincidently is at the same university in which I'll start my studies in August. I will only stay with him for five days and then return to my home country. I already have my return flight from this trip and also an outbound flight departing from my home country in August.

Can I use ESTA to enter the U.S. in May, return to my home country and then re-enter the U.S. using my F-1 visa? Would that be too risky? I'm particularly concerned because I'm travelling in May to the same city I'm moving to in August.

Relaxed
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Anna B
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2 Answers2

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Yes.

You aren't allowed to be a student when entering on an ESTA, so you're required to leave and re-enter the US to obtain F-1 status before starting your own studies. But since that's exactly what you're planning to do, it should not be an issue.

When you are asked for the purpose of your visit, you can say that you're here to attend your boyfriend's graduation. There is no need to hide that the person you are visiting is your boyfriend (as some comments suggest). Immigration officials will often consider that deception if you are caught doing it; that's a bad thing.

Saying that your boyfriend is just a friend is often suggested because having a boyfriend in the US is an incentive to overstay your visa — but in your case, you already have an F-1 visa that you will re-enter on, so you have a perfectly legal avenue to stay with your boyfriend. If you are asked any questions about your relationship, you can mention that you will be returning on an F-1 visa in August, and this should reduce worries about you overstaying your ESTA to stay with your boyfriend.

Alice Ryhl
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I was in the same position last year - while @Alice Rhyl's answer is correct, and there is nothing technically wrong with doing this, it is important to be clear about your intentions when talking to the CBP, especially if it's less than a month before your program start date (although since you're planning to travel in May you should be fine).

In particular, my university's international student office advised against doing this because it can cause issues if you are accidentally admitted with F-1 status rather than under your ESTA. It is important to make clear to the CBP that you are intending to enter as a tourist, because if it's less than 30 days until your program start date, they are allowed to admit you with F-1 status. You do not want them to do this if you are planning to return to your home country before your program starts. The main issue is that the first time you are admitted on F-1 status, you can't leave the US before school registration and your SEVIS record is updated, or it may become very difficult to reenter.

See for instance the advice here under 'Travel After Arrival to the U.S'.

(Also please don't attempt to mislead CBP about whether you're visiting your partner or just a friend as suggested in the comments, it isn't worth the potential trouble. Anecdotally, I entered the US with an ESTA 13 times over a two year period to visit my partner before I entered as a student, was honest about it every time, and never had a problem. This is a common, and good, reason to visit as a tourist!)

Tuomas Laakkonen
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