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

300 points proberts | 1 comments | 14 Mar 25 14:39 UTC | HN request time: 0.391s | source

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?

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canucktrash669 ◴[14 Mar 25 15:12 UTC] No.43363415[source]▶
She crossed overland. Imagine you do pre-clearance out of a Canadian airport. Can they kidnap you out of country and ship you to a US detention center?
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walrus01 ◴[14 Mar 25 15:51 UTC] No.43363817[source]▶
Canadians may be often unprepared and shocked how aggressive and militarized the southern border is, compared to crossing at northern border land entry points.
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blast ◴[14 Mar 25 19:06 UTC] No.43366068[source]▶
It cuts both ways. Many American friends have told me that they were treated aggressively at the Canadian border as well.
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spaceguillotine ◴[15 Mar 25 02:40 UTC] No.43369448[source]▶
They gotta keep the criminals out somehow. I know quite a few well to do white men with DUIs that kept them out of Canada and I can't blame Canada for it. I think any Felony will keep them from letting you in.

Which is why Trump should be banned from entering as he is a convicted felon.

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1. jkaplowitz ◴[15 Mar 25 13:08 UTC] No.43372300[source]▶
It’s a bit more complicated than just “any felony” - among other factors, Canadian immigration law considers how Canadian criminal law would treat the offence, as well as how long it’s been since the sentence was completed. And there are discretionary provisions to allow ministerial overrides, as I’m sure they’d do for Trump during his presidency if he would otherwise be covered.

But you’re right, it’s absolutely true that Canadian immigration law treats DUIs by foreign nationals far more harshly than US immigration law does (assuming simple DUI in each case and not something with complications like someone getting hurt or killed).