Hacker News Board Hacker News, browsed like a classic message board
Live data from Hacker News

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

news.ycombinator.com

Post reply on HN
Print view View original

91–100 of 322 posts

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

#91

Post by tw600040 »

Wife has a Phd in BioTech from Europe. Is she eligible to self petition for a EB1 Green Card? Thanks for doing this.

Also she is currently working for a contract research organization doing some COVID-19 related research. Will that help her case in anyway? We are from India, so there is a huge wait time.

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

#92

Post by Natsu »

What should one do ahead of time to prepare for the filing to remove conditions on a 2-year green card that was acquired via an I-130 spousal petition? What are typical ways to prove one's lives are intertwined, is it enough just to have a joint bank account or do you have to add them to everything?

Is it a worry if one spouse doesn't have a job, due to Trump's push against those who "might become" a burden to the state?

Are these usually granted without issue, e.g. can one file on their own without too much worry, or is it best in this climate to get a lawyer to prepare the application rather than only engaging them if there are issues with the application.

Finally, what happens if an application to remove conditions is rejected. Does that involve having to travel back to the home country, engaging in appeals or what? I really wonder how that would even work with the Covid lockdowns.

Thanks in advance.

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

#93

Post by throwaway912345 »

Hey Peter, thank you for doing this!

My question: Soon I will receive an employment-based green card (EB-3). How soon after can I leave my job without fearing any adverse consequences?

Background: Some friends have told me that if I leave too soon, then later if I apply for citizenship, I may be denied. The reason would be that I hadn't made my green card application in earnest, since leaving so soon shows I didn't intend to stay at my current employer. Is that true? How soon is too soon?

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

#94

Post by chrismeller »

If you’re a US citizen who has been living in the EU and is now being “encouraged” to return home, but have a significant other that you don’t wish to be separated from... what would you suggest?

Should they just go for the 90 day tourist visa and roll the dice on being able to get a fiancé visa, etc later?

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

#95

Post by proberts »

johndavid9991 wrote: post #83

Hi Peter, I am from the Philippines, and I got an H-1B petition last 2019, which is valid until Sept 2021. I cancelled my scheduled visa interview last 2019 due to family reasons. I am still working with my employer and working remotely as an independent contractor with them. My question is if I can still use the H1B petition later this year or early next year before it expires (depends on when the Covid19 crisis end…

Yes, as a general rule, you still should be able to use the approved H-1B petition to apply for an H-1B visa and work in the U.S. and your prior B-1/B-2 denials shouldn't impact your H-1B visa application since the reason(s) for those denials aren't reasons to deny an H-1B visa application. Make sure to retain counsel however because you should talk through your H-1B visa application and subsequent entry to the U.S.

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

#97

Post by proberts »

chrismeller wrote: post #94

If you’re a US citizen who has been living in the EU and is now being “encouraged” to return home, but have a significant other that you don’t wish to be separated from... what would you suggest? Should they just go for the 90 day tourist visa and roll the dice on being able to get a fiancé visa, etc later?

You should contact the US Embassy where you are living or speak with your Congressional representative in the U.S. but likely, unless it is dangerous where you are, you and your partner will need to go through the standard marriage-based/fiancee process and having your partner enter on a tourist visa and then apply for a green card is legally impermissible and risky - although might be forgiven in the end.

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

#99

Post by proberts »

tw600040 wrote: post #91

Wife has a Phd in BioTech from Europe. Is she eligible to self petition for a EB1 Green Card? Thanks for doing this. Also she is currently working for a contract research organization doing some COVID-19 related research. Will that help her case in anyway? We are from India, so there is a huge wait time.

She might qualify but an analysis would need to be done of her qualifications and her COVID-19 research should help with a green card application as well as an O-1 application.

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

#100

Post by arcticbull »

silexia wrote: post #54

I desperately want to escape the United States, what is the best country to go to and how do I get residency there?

Apply for Express Entry to Canada. Assuming you're qualified you could have a permanent resident card in 180 days. [1]

[1] https://www.canada.ca/en/immigration-refugees-citizenship/se...

Post reply on HN