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

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

#11
post #3

I've seen recent examples of the government targeting green card holders for their speech. As a naturalized citizen who wants to exercise my free speech rights, how concerned should I be about potentially having my citizenship challenged on technical grounds? Are there realistic scenarios where this could happen despite First Amendment protections?

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

#12
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?

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

#15
post #3

I've seen recent examples of the government targeting green card holders for their speech. As a naturalized citizen who wants to exercise my free speech rights, how concerned should I be about potentially having my citizenship challenged on technical grounds? Are there realistic scenarios where this could happen despite First Amendment protections?

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

#17
post #11
post #3

I've seen recent examples of the government targeting green card holders for their speech. As a naturalized citizen who wants to exercise my free speech rights, how concerned should I be about potentially having my citizenship challenged on technical grounds? Are there realistic scenarios where this could happen despite First Amendment protections?

[flagged]

Green card holders have a right to free speech.

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

#18
post #12

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 a…

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?

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

#20
post #11
post #3

I've seen recent examples of the government targeting green card holders for their speech. As a naturalized citizen who wants to exercise my free speech rights, how concerned should I be about potentially having my citizenship challenged on technical grounds? Are there realistic scenarios where this could happen despite First Amendment protections?

[flagged]

Are Foreign Nationals Entitled to the Same Constitutional Rights As Citizens? David Cole, Georgetown University Law Center - https://scholarship.law.georgetown.edu/facpub/297/ | https://scholarship.law.georgetown.edu/cgi/viewcontent.cgi?a... (page 12 of the pdf)

> The specific features of the constitutional guarantees of political freedom, due process, and equal protection further support their extension to foreign nationals living in the United States.

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