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I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA

300 points proberts | 8 comments | 14 Mar 25 14:39 UTC | HN request time: 0.649s | source | bottom

I'll be here for the next 6 hours. As usual, there are countless possible topics and I'll be guided by whatever you're concerned with but as much as possible I'd like to focus on the recent changes and potential changes in U.S. immigration law, policy, and practice. Please remember that I am limited in providing legal advice on specific cases for obvious liability reasons because I won't have access to all the facts. Please stick to a factual discussion in your questions and comments and I'll try to do the same in my responses. Thank you!
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jjmarr ◴[14 Mar 25 15:07 UTC] No.43363348[source]▶
Can a TN classification denial result in immigration detention? If so, how can I mitigate that risk?

For context, a Canadian woman recently tried to enter into the USA from Mexico and get TN-1 status. Instead of refusing her entry, officials detained her and she's been stuck for 10 days waiting for deportation.

https://www.theglobeandmail.com/canada/article-canadian-woma...

It's unclear to me how big of a risk this actually is for the average "Canadian goes to the USA" story because of her specific factual scenario. Presumably I don't want to enter from Mexico, but is it advisable to take flights from a TSA preclearance airport in Canada so I'm not actually in the USA if the classification is denied?

replies(3): >>43363415 #>>43363854 #>>43368714 #
1. proberts ◴[14 Mar 25 15:55 UTC] No.43363854[source]▶
That's extraordinarily unusual and in my experience has only happened when CBP believes that the applicant was lying or has a criminal record so I wouldn't base the decision on where/how to apply on this very low risk. Depending on the TN application, there are better and worse ways to apply for a TN and from an outcome standpoint, sometimes it's better to apply with CBP at the border or with CBP at a U.S. airport by flying directly to the U.S.
replies(2): >>43364822 #>>43365549 #
2. wahnfrieden ◴[14 Mar 25 17:22 UTC] No.43364822[source]▶
You don't think border processes are becoming uncertain now and relying less on precedence?
replies(1): >>43367682 #
3. radicalbyte ◴[14 Mar 25 18:21 UTC] No.43365549[source]▶
With all respect, everything happening in the US at the moment is "extraordinarily unusual" today.

Tomorrow it will be the "new normal".

replies(2): >>43365680 #>>43367241 #
4. RobertRoberts ◴[14 Mar 25 18:31 UTC] No.43365680[source]▶
According to this article, Canada rejected her entry as well. Maybe it's not just the US, but this person actually had a real issue with her visa and her travel plans were not prepared well.

https://www.bbc.com/news/articles/c80y3yx1jdyo

"...when she reached the border [Canada], Mr Burke said the Canadian authorities denied her entry as they were concerned she may try to work illegally."

replies(2): >>43365766 #>>43368931 #
5. junar ◴[14 Mar 25 18:38 UTC] No.43365766{3}[source]▶
Different person. The person mentioned in the top-level comment is surnamed Mooney.
6. leereeves ◴[14 Mar 25 20:58 UTC] No.43367241[source]▶
According to other sources, this was an unusual case. She was a Canadian trying to enter from Mexico, who had been told back in November that her visa was no longer valid.
7. dmix ◴[14 Mar 25 21:54 UTC] No.43367682[source]▶
A land-border crossing in Mexico? 100%, yes.
8. 8note ◴[15 Mar 25 00:52 UTC] No.43368931{3}[source]▶
canada cannot deny canadian citizens entry