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

206 points proberts | 1 comments | 16 May 25 15:05 UTC | HN request time: 0.202s | source

I'll be here for the next 5-6 hours. As usual, there are countless topics given the rapidly changing immigration landscape and I'll be guided by whatever you're concerned with. Please remember that I can't provide legal advice on specific cases because I won't have access to all the facts. Please stick to a factual discussion in your questions and I'll try to do the same in my answers.

Edit: I am taking a break now and will return later this afternoon/evening to respond to any comments and answer any questions. Thank you everyone for a great and engaged AMA so far.

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neom ◴[16 May 25 15:30 UTC] No.44006665[source]▶
There has been a bunch of chatter in Canadian founders whatsapp groups about people getting detained for long periods of time coming into the states either at SFO or pre-clear in Canada. Are you advising Canadians travel with any additional documentation these days?
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__turbobrew__ ◴[16 May 25 15:56 UTC] No.44006947[source]▶
Im a Canadian and go to the US for work fairly regularly. Something I didn’t realize is that the laws are different in preclearance areas. https://laws-lois.justice.gc.ca/eng/acts/P-19.32/FullText.ht...

For example, you are allowed to withdraw your application to enter the US and leave the preclearance area. Additionally you are bound by different laws for search and siezure.

At this point I am only going to the US through preclearance areas because you are still on Canadian soil and bound by Canadian laws. That doesn’t necessarily mean that USBP won’t break those laws, but the Canadian courts get to decide if laws were broken instead of the US courts.

One thing I have not found a straight answer on yet is if USBP can compel you to unlock your electronic devices in a preclearance area. My current strategy is if I am asked to do that in preclearance I will withdraw my application to enter because Im not letting anyone access to my phone.

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KerrAvon ◴[16 May 25 16:17 UTC] No.44007205[source]▶
That’s only the Canada -> US leg, though. They can still grab your phone on the US -> Canada return trip, ne pas?
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klipt ◴[16 May 25 16:28 UTC] No.44007314[source]▶
Historically the US has not had much "exit control".

For example leaving the Schengen area it's obligatory to go through "exit immigration" and get your passport stamped. Leaving the US, you show your passport to the airline, but usually there is no formal immigration check at all.

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seniorThrowaway ◴[16 May 25 19:57 UTC] No.44009248[source]▶
Especially by land. I've walked into Mexico at an official crossing with zero passport / papers check by either side. In general land and sea travel can have differing rules though, where international air travel is governed by a set of international agreements with standard rules. For instance the full passport book is required for all international air travel.
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1. briandear ◴[16 May 25 21:07 UTC] No.44009840[source]▶
You will get your docs checked about 10 miles inland Mexico. There you will go through customs and immigration. The border zone is treated differently in Mexico. Mexican customs is very strict: two laptops and you’re taxed 25% on the second one. Technically you can’t bring an iPad and a laptop without paying taxes.