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And those guys are Salvadoran… right? Like if Mexico sends back a bunch of criminal gringos, what are we supposed to do, ask Mexico to incarcerate them for us? No we take them and put them through our system of justice and send them to the pen.
Are O1 visa applications getting significantly more scrutiny nowadays? I comfortably qualify for one, based on the USCIS criteria, but my employer (big tech company, big law firm for immigration) wants to wait one more year for another H1B attempt before trying this. Hence I am wondering if switching jobs could potentially help here.
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While it’s not typical to be sent to CECOT in El Salvador, you don’t need to be “guilty” by the government’s position. They assert the right to send people down there based on allegations that have not been tested in any court.
If you come here legally and don't commit a crime, they won't send you down there. If you come here legally and commit a crime, you'll get sent back to your country of origin. People being sent down there came here illegally.
Maybe a dumb question, but... I'm a Canadian who would qualify for a TN visa if I worked in the States, but don't currently have a visa or green card. On the online submission form for job openings, it always asks "Are you legally entitled to work in the US?". Am I meant to answer yes or no to that?
I've been through this process many times, and I would always say yes and then mention with the recruiter (even if I had to explain that the process was basically "asking politely for permission at the border").
The underlying question that employers really care about is "will you be legally allowed to accept a job offer without unexpected expenses or delays". Even if you file through USCIS (and not petition at the point of entry), you can (should) have an answer in 14 days and ~2k in fees, which is 1) a drop in the bucket for any hiring budget, and 2) not impactful to a hiring timeline.
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?
There's no question that it's tougher now to get into the U.S., whether from Canada or another country via pre-clearance or via a land crossing, and there can be significant differences among airports and land crossings. Canadians are unique because they are visa exempt and CBP feels particularly emboldened to reassess their admissibility every time they enter. The keys are to avoid bad pre-clearance offices and land…
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For me, I have about 15 30-minute calls each day with existing and potential clients during which we discuss their chances of getting temporary work visas or green cards and issues around international travel. The rest of the time, I'm reviewing applications and responding to emails from staff and clients. It sounds pretty mundane but despite the stresses of the job and the challenges associated with the new administ…
I’m sure each case is unique, but there must be a lot of similar situations and repeat issues. How often do you get a new curveball in the process? Though perhaps this is an unusual year to be asking that.
Is asking about Recurse Center on-topic? I wanted to apply, but I genuinely don't consider it safe to travel to the US. As far as I can tell there is no comparable bootcamp-style retreat in EU :(
What's a good number to memorize if you get detained and have the right to ask for a lawyer?
Thanks for doing the AMA! I'm a US citizen born abroad - I got my citizenship via (I believe) INA 320 when I was a child. I have a US-born father who was not eligible to pass on his citizenship at the time of my birth. I lived in the US for most of my childhood up until ~2015 (initially as an LPR), and at some point, I obtained a US passport. I don't have a certificate of citizenship, only a US passport. Given the wa…
You still can apply for a Certificate of Citizenship but there's a cost associated with it and I really don't think it's necessary or even advisable because you are now giving the government a chance to reassess its previous approval. A U.S. passport is always considered sufficient evidence of U.S. citizenship.
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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 t…
That’s only the Canada -> US leg, though. They can still grab your phone on the US -> Canada return trip, ne pas?
I have not ever heard of that happening, but if I did hear about it happening to normal people (i.e. people without a criminal warrant) I would probably stop going to the US.