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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

#301

Post by gcdvl »

Recent permanent resident (since September, green card holder).

I stayed in the USA until December to get the actual green card (virtual mailboxes work despite what people say online), open a resident bank account, get a state ID, renew my social security card, get a credit card, basically take care of bureaucracy.

I've since returned to the EU with one objective: to sell my house.

My question is: If I stay more than 6 months abroad but less than one year, will I face issues going back for good?

I'll be able to show that I sold the house with intent to live in the USA permanently. I also plan on filling taxes for 2017 even though I barely have income. I'll also keep my bank account, state id card and plan on trying to get a remote work arrangement.

I take it anything under 6 months will by default not be problematic, right?

Thank you again for this service you regularly provide.

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

#302

Post by godelmachine »

dandroidguy wrote: post #282
godelmachine wrote: post #276

Hi Peter, Thanks a lot for this initiative :) I am a 28 yr old Software Engineer working in India (Citizenship - India, unmarried). Have around 3 years of experience in IT. My father is a GC holder & he has filed a family based petition for me. My priority date is Nov 7, 2017. Actually, my father was going to wait till he was a naturalized US citizen & then file for my petition, but Trump's activities (cutting off le…

Canada PR doesn't further yor chances for US Immigration. US Immigration depends on your country of birth and not your country of citizenship.

Thanks for bringing this to my attention. I'm born & brought up in India. What do you opine about the rest of the points?

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

#303

Post by godelmachine »

godelmachine wrote: post #276

Hi Peter, Thanks a lot for this initiative :) I am a 28 yr old Software Engineer working in India (Citizenship - India, unmarried). Have around 3 years of experience in IT. My father is a GC holder & he has filed a family based petition for me. My priority date is Nov 7, 2017. Actually, my father was going to wait till he was a naturalized US citizen & then file for my petition, but Trump's activities (cutting off le…

Correction - (cutting off legal immigration by 50%) - in the above question

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

#304

Post by lurr »

Related to a question down below. My employer filed concurrently i140 and i485, with EAD and AP. It sounded below like once the EAD goes through I could start looking at for profit side projects or similar things? Or do I need to wait for a green card?

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

#305

Post by machinelearning »

proberts wrote: post #191
dev_throw wrote: post #189

Hi Peter, thanks for doing this AMA. Is it true that your place of birth affects how long it takes to get a Green Card? I am a naturalized Canadian (on a TN Visa in the US), born in India, and entertaining thoughts of applying for a GC here. Since TN Visas have a limit of 3 years, I would want to get my GC before then, but the queue for India is gargantuan.

That's correct, what governs the wait times is country of nationality (which typically means country of birth), not citizenship so in your case your Indian nationality will govern.

Doesn’t seem to match what’s written here: https://www.uscis.gov/tools/glossary/country

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

#306

Post by JohnStrange »

sethx wrote: post #300

I am a US citizen, and was born abroad, and live in the EU. I've never lived in the US, nor worked there for a single day of my life. As such, I've never filed income in the states. I never got asked to do so, either. Due to IRS regulation i currently am in tax noncompliance and on the potential hook for what i guess something like 200K in penalties. I work in IT and my dream is to work in the bay area eventually, bu…

Are you sure about your noncompliance status?

IANAL, but aren't there treaties between the US and all EU countries that avoid any double taxation? You have to pay income tax wherever you live most of the time and conduct your business. You never have to pay income tax twice, in two countries. Unless you obtain your income mainly in the US, you should be exempt from paying US taxes. This is independent of citizenship.

Sorry if I'm missing something, I thought (and have been told) that this is how it works, so I'd be happy if someone else with more knowledge could clarify this.

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

#308

Post by quelsolaar »

Im a EU citizen, who in the past have qualified for an 01 visa in the US. Im planing on starting a US based business based on my technology with a US partner, we are pre revenue so the company cant pay me yet. What would be the best way for me to be able to work in the US? If you have gained 01 status, do can you use that to gain it again with a new employer or do you have to start over from scratch?

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

#309

Post by joncrocks »

JohnStrange wrote: post #306
sethx wrote: post #300

I am a US citizen, and was born abroad, and live in the EU. I've never lived in the US, nor worked there for a single day of my life. As such, I've never filed income in the states. I never got asked to do so, either. Due to IRS regulation i currently am in tax noncompliance and on the potential hook for what i guess something like 200K in penalties. I work in IT and my dream is to work in the bay area eventually, bu…

Are you sure about your noncompliance status? IANAL, but aren't there treaties between the US and all EU countries that avoid any double taxation? You have to pay income tax wherever you live most of the time and conduct your business. You never have to pay income tax twice, in two countries. Unless you obtain your income mainly in the US, you should be exempt from paying US taxes. This is independent of citizenship.…

I believe you're right about tax treaties.

However I suspect that in the case of a US citizen, that doesn't mean you don't have to officially declare your tax status/income to the IRS each year. Hence the parents worry that he's going to have to trawl back over his entire working life to 'prove' that he doesn't owe any back taxes.

IANAL, but am from the UK, lived in the US for a few years and have had to deal with moving back and forth.

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