Preparing for a Cross-Border Immigration Consultation: Mexico, USA, and Vietnam

For international executives and business owners operating between Mexico, the United States, and Vietnam, immigration strategy is rarely about a single visa. It is about maintaining global mobility while navigating three vastly different legal frameworks: the US-Mexico-Canada Agreement (USMCA) favoring North American movement, the strict petition-based systems for Vietnamese nationals entering the US, and the emerging trade corridors connecting Latin America to Southeast Asia. A productive attorney consultation requires you to bring specific evidence that addresses the unique treaties—and gaps—between these nations.

1. Understand Your "Corridor" and Gather Specific Evidence

Before you meet your attorney, you must understand that the documents required depend heavily on which specific border you are crossing. A "one-size-fits-all" document folder will likely lead to a follow-up email chain rather than immediate legal answers. Organize your documents based on your primary strategic goal below.

The Mexico-USA Corridor (USMCA/NAFTA Focus)

Because Mexico and the USA are partners under the USMCA, your consultation will likely focus on "Treaty Professional" (TN) or "Treaty Investor" (E-2) options. To prepare for this conversation, you must prove nationality and specific professional credentials.

What to prepare:

• Proof of Mexican Citizenship: A valid Mexican passport is the primary key to unlocking USMCA benefits.
• Cédula Profesional: Unlike other countries where a degree is sufficient, US immigration often specifically looks for the Mexican Cédula for TN visa applications. Bring the original.
• Corporate Ties: If you are discussing an E-2 investor visa, bring evidence that the US entity is at least 50% owned by Mexican nationals.

The Vietnam-USA Corridor (L-1 & EB-5 Focus)

Unlike Mexico, Vietnam does not currently have an E-2 treaty with the United States. This fundamentally changes the legal strategy to focus on Intracompany Transferees (L-1) or large-scale investment (EB-5). Your preparation must focus on corporate structure rather than just citizenship.

What to prepare:

• Organizational Charts: You must clearly diagram the relationship between the Vietnamese parent company and the US branch. The attorney needs to see a "qualifying relationship" (parent/subsidiary/affiliate).
• Payroll Records: For L-1 visas, you must prove you have worked for the Vietnamese company for at least one continuous year in the last three years. Bring tax forms and pay stubs translated into English.
• Third-Country Passports: If you are a Vietnamese national who also holds citizenship in an E-2 treaty country (e.g., Grenada, Turkey, or Canada), bring this passport immediately. It completely alters the legal options available to you.

The Mexico-Vietnam Connection (APEC & Tourism)

Business travel between Mexico and Vietnam is growing, facilitated by their shared membership in APEC (Asia-Pacific Economic Cooperation). If your executives travel this route frequently, your consultation should cover the APEC Business Travel Card (ABTC).

What to prepare:

• Travel History: Print a 3-year history of travel between APEC economies to demonstrate "frequent flyer" status, which is often a requirement for the ABTC.
• US Visa Status: A critical "pro-tip" to verify with your attorney is the visa exemption rule: generally, Vietnamese citizens holding a valid US visa may enter Mexico for short visits without a separate Mexican visa. Bring your valid US visa to verify this eligibility.

2. The "Red Flags" Disclosure List

Immigration attorneys are bound by attorney-client privilege. Hiding negative information is the single biggest mistake clients make. It prevents the attorney from preparing a defense for issues that will inevitably surface during government background checks. You should prepare a written list of the following "red flags" to hand to your attorney at the start of the meeting.

Include the following details:

• Prior Denials: Any visa refusal from the USA, Mexico, or Vietnam. (Note: The US shares data with many countries; a denial in one can affect others).
• Criminal Records: Any arrest, anywhere in the world, even if charges were dropped or expunged. This is particularly strict for US immigration.
• Long Stays: Any period where you stayed in the USA, Mexico, or Vietnam longer than your visa allowed, even by a single day.

3. Strategic Questions to Ask During the Consultation

Do not waste paid consultation time asking questions that can be answered by a Google search (e.g., "What is the fee for a visa?"). Instead, ask strategic questions that reveal the attorney's expertise in this specific trilateral niche.

Ask these high-value questions:

• "For our Vietnamese staff, how do you handle the 'dual intent' issue if we apply for a B-1 business visa while an immigrant petition is pending?"
• "If we structure our US entity as a subsidiary of the Mexican company, does that disqualify our Vietnamese executives from L-1 transfer eligibility?"
• "Can you assist with the 'Administrative Processing' delays that are common at the US Consulate in Ho Chi Minh City, or should we plan for third-country processing?"
• "How does the US-Mexico tax treaty interact with our proposed payroll structure for employees splitting time between Mexico City and California?"

4. Logistics: Translations and Formats

Immigration bureaucrats are sticklers for formatting. Preparing your documents correctly before the meeting shows the attorney you are serious and ready to file.

Follow these guidelines:

• Full Translations: Any document in Vietnamese or Spanish must eventually be translated into English for US authorities. If you have existing translations, bring them so the attorney can vet them for accuracy (especially legal terminology in Vietnamese birth certificates or Mexican corporate deeds).
• Digital Copies: Bring a USB drive or secure cloud link with high-resolution scans of all documents. US immigration filing is increasingly digital, and having "e-filing ready" files speeds up the process.
• Originals vs. Copies: Bring clear photocopies for the attorney to keep. Do not leave your original passports or birth certificates with the attorney at the first consultation unless explicitly instructed to do so for immediate safe-keeping.