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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

#351

Post by darrenmc »

prspecialist wrote: post #306

Hi Peter, currently on my 3rd E-3 visa with the same employer as a 'Public Relations Specialist'. My employer is now starting the green card process. They are preparing the application, and have updated the job description to reflect my current responsibilities and minimum requirements. My BA major is a field called "Performance Studies', which is an obscure interdisciplainry sub-field of Social Sciences and Humaniti…

I am also on an E-3 visa, but as far as I understand there is no path to obtaining a green card. The intention of the E-3 is that you will not remain permanently in the US and so it is not possible to become a permanent resident.

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

#352

Post by darrenmc »

proberts wrote: post #321
kentosi wrote: post #206

Earlier quoted context omitted.

Sorry, this is contrary to everything I've heard and read. I thought non-intent meant that I can't apply for a green card? I guess it would be too late now, but what's the process of getting a work-sponsored green card while on the E3? Thanks so much again.

It's a longer discussion which I would be happy to have with you but there is no question that an E-3 worker can apply for a green card while in E-3 status. The short explanation is that the issue is intent at the time of admission and intent can change after admission.

I'd be very interested to find out more as I always understood that there is no path to GC from E3. Others have also suggested that entering the GC lottery could jeopardize E3 renewal as it demonstrates an intent to become a permanent resident.

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

#353

Post by elbasti »

adamnemecek wrote: post #110

Just wanted to say that not enough people know about the Green Card Diversity Lottery https://www.dvlottery.state.gov . The odds are kinda small and there are restrictions but I know at least three people who got their green card this way.

I've been told by attorneys that applying for the Green Card lottery does not come without risk--in fact it can prevent you from obtaining a non-immigrant visa.

For example, when applying for an F or J visa (student/post-doc, say) the consular officer will ask you if you have intent to emigrate. The only allowed answer is a firm "No and I have permanent connections to my home country."

If you've applied for the green card lottery in the past, the consular officer could interpret this as having intent to emigrate and then deny you on any other non dual-intent visas.

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

#354

Post by mabbo »

elbasti wrote: post #353
adamnemecek wrote: post #110

Just wanted to say that not enough people know about the Green Card Diversity Lottery https://www.dvlottery.state.gov . The odds are kinda small and there are restrictions but I know at least three people who got their green card this way.

I've been told by attorneys that applying for the Green Card lottery does not come without risk--in fact it can prevent you from obtaining a non-immigrant visa. For example, when applying for an F or J visa (student/post-doc, say) the consular officer will ask you if you have intent to emigrate. The only allowed answer is a firm "No and I have permanent connections to my home country." If you've applied for the green…

This is really great to know. I'm on a TN visa, NAFTA based, which also has the "this is temporary and I dont plan to stay" stipulation.

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

#355

Post by scollins »

Hi Peter,

Indian Citizen here. I have a startup incorporated via Stripe Atlas. If it reaches $1 Million in annual revenue, can I qualify for EB5 green card?

Or if I have around $500K in revenue and raise $250K from investors, does that help with EB5?

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

#356

Post by rmatthew »

proberts wrote: post #94
gkuhlmann wrote: post #84

Hi Peter, I'm in US on a TN visa and started a company (no revenue/no employees) to list apps on app store. When I went to renew my TN status, Immigration officer gave me a bit of a hard time saying I needed approval to open this business from Homeland Security. Is this true?

That's not correct but there are issues nonetheless in that the TN does not permit self-employment and further USCIS and CBP oftentimes will deny TN applications where the applicant is a founder or part-owner.

Will CBP give TN applicants a hard time if they are a part-owner with less than a majority share in the company?

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

#357

Post by elbasti »

mabbo wrote: post #354
elbasti wrote: post #353

Earlier quoted context omitted.

I've been told by attorneys that applying for the Green Card lottery does not come without risk--in fact it can prevent you from obtaining a non-immigrant visa. For example, when applying for an F or J visa (student/post-doc, say) the consular officer will ask you if you have intent to emigrate. The only allowed answer is a firm "No and I have permanent connections to my home country." If you've applied for the green…

This is really great to know. I'm on a TN visa, NAFTA based, which also has the "this is temporary and I dont plan to stay" stipulation.

Lucky(?) for you Mexicans and Canadians are not eligible for the diversity lottery :)

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

#359

Post by fgandiya »

squillful wrote: post #68
fgandiya wrote: post #56

Earlier quoted context omitted.

What did they change about the STEM extension?

This blog post sums things up well - http://blog.cyrusmehta.com/2016/03/suffocating-the-foreign-e... Whilst it's pretty great that the extension was increased from 17 months to 2 years, you now have to prove an employer-employee relationship, which is significantly more limiting than the previous iteration.

Thanks you.

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

#360

Post by corpMaverick »

SOLAR_FIELDS wrote: post #143
proberts wrote: post #41

Earlier quoted context omitted.

No changes yet and the naturalization process is generally very easy, 5 years as a permanent resident to qualify (unless married to a U.S. citizen for 3 years, then only 3 years to qualify). USCIS's web site provides very good information about the natz process.

My wife is a non-US citizen (Mexico) but has lived in the US for her entire life as a permanent resident. As in, she was born in a Mexican hospital but was taken directly across the border to her home in the United States when she was released to her parents. It's my understanding that if she ever decides to pursue citizenship that it's generally easier to go the permanent resident qualification route vs. the marriag…

As far as I know it is irrelevant. If she is a permanent resident and has lived in the USA for more than 5 years that 's it.

I am confused by your question. Are you sure she is a legal permanent resident ?

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