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

206 points proberts | 2 comments | 16 May 25 15:05 UTC | HN request time: 0.559s | 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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jonny_eh ◴[16 May 25 17:54 UTC] No.44008147[source]▶
Can you be block-listed if you withdraw your application to enter?
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1. phire ◴[16 May 25 22:56 UTC] No.44010537[source]▶
The ESTA form explicitly includes "withdrawn your application for admission", as part of the refused admission question.

So it's basically the same, and you will have to apply for a proper visa.

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2. jonny_eh ◴[17 May 25 03:14 UTC] No.44011774[source]▶
What's an ESTA form? I've never encountered one as a Canadian.