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

226 points proberts | 3 comments | 05 Dec 25 16:04 UTC | HN request time: 0s | source

As usual, there are countless immigration topics and I'll be guided by whatever you're concerned with. Please remember that I can't provide 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 do the same in my answers!

Previous threads we've done: https://news.ycombinator.com/submitted?id=proberts.

1. USMCAThrowAway ◴[05 Dec 25 20:30 UTC] No.46166840[source]▶
I've asked this question in a few places but never gotten an answer.

A TN visa/status holder that applies for a EB Green Card by filing form I-485 is considered to have shown immigrant intent and will no longer be granted TN status in the future.

Is this bar permanent or would an applicant who failed to obtain a Green Card or surrendered it in the future be able to seek TN visa/status provided they could prove strong links to Mexico/Canada?

replies(1): >>46168629 #
2. proberts ◴[05 Dec 25 23:11 UTC] No.46168629[source]▶
There's no permanent bar but the standard would be high to show with a subsequent TN application that the applicant possessed good faith intent to return to Canada/Mexico. We've argued that successfully.
replies(1): >>46169399 #
3. USMCAThrowAway ◴[06 Dec 25 00:49 UTC] No.46169399[source]▶
Thank you.