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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

#201

Post by proberts »

oskapt wrote: post #197
proberts wrote: post #170

Earlier quoted context omitted.

The Embassy in Chile is clearly acting badly. So far it appears that you have received an informal opinion from the Embassy but there is a formal process under these circumstances that would reaffirm her green card status and allow her to travel back to the US. The document is called a returning resident visa and it probably makes sense or her to apply for this and force the Embassy to review the evidence and make a…

We applied for a returning resident visa. She went in for the appointment, with all the documentation, and that's when the consular told her that unless she'd been in a coma for the last several years, it was within her power to return. She could have divorced me and returned to the US, therefore the criteria for the RRV did not apply. She was told to submit for the IR-1.

That's an outrageous statement and completely at odds with the law. I would get your Congressman or Senator involved (they do these kinds of things all the time) and in the meantime, submit an I-130 so you don't waste time if you can't get this decision reversed.

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

#202

Post by laurencerowe »

proberts wrote: post #180
laurencerowe wrote: post #153

I’ll be eligible to apply for naturalisation next year. N-400 processing times for the SF office are currently 14.5-17.5 months, compared to 9.1 months nationally and 5.6 months 4 years ago. Speculatively, is this something the new administration could remedy quickly?

The expanded processing time is the product of the pandemic (shut down of offices, their limited capacity, and the backlogs) and political priorities. The Obama Administration made the expeditious processing of naturalization applications a priority and reduced the processing time to around 6 months on average. We will still feel the effects of the pandemic for some time but if the Biden Administration makes the proc…

Thanks! I'll keep my fingers crossed.

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

#203

Post by Andre84 »

dutchmartin wrote: post #80
scottlocklin wrote: post #66

US citizen here. How do I escape the dystopian hellscape that California and its politically connected tech companies are turning the US into? Lists of entrepreneur and investment visa countries with stable and less evil governments would be appreciated.

Your welcome in the Netherlands 🇳🇱: https://ind.nl/en/work/working_in_the_Netherlands/Pages/Star...

also maybe Hong Kong might be an option?

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

#204

Post by proberts »

throwitaway4421 wrote: post #156

I was on an F1 OPT. My employer applied for a H1B/E3/TN adjustment of status so that I could continue working after the OPT expiration. Unfortunately the I797 came in after the OPT expiration date. Not only that, the approval notice came in after the 60 day post OPT grace period (and I didn't leave the US). So, I overstayed on my OPT visa, but I am currently in the US on a valid visa. Should I expect problems in the…

It does not appear that you have overstayed. As long as the request to change status was filed wile you were still in F-1 status, you were authorized to remain in the US until the petition was reviewed/approved.

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

#205

Post by Andre84 »

CyberRabbi wrote: post #182
mdturnerphys wrote: post #144

Earlier quoted context omitted.

You're getting downvoted because this isn't something that Peter is claiming to be an expert in. He's an attorney, not an economist.

I would expect an immigration attorney to be generally well-versed in immigration in all facets. I’m a Rust developer but I generally keep up with all topical software engineering issues.

it depends. In my opinion, each case/ impact is individual while some cases might impact negatively the native american [ in reservation? born in US? or to which extent native?], others might impact them in a positive way

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

#207

Post by oskapt »

proberts wrote: post #201
oskapt wrote: post #197

Earlier quoted context omitted.

We applied for a returning resident visa. She went in for the appointment, with all the documentation, and that's when the consular told her that unless she'd been in a coma for the last several years, it was within her power to return. She could have divorced me and returned to the US, therefore the criteria for the RRV did not apply. She was told to submit for the IR-1.

That's an outrageous statement and completely at odds with the law. I would get your Congressman or Senator involved (they do these kinds of things all the time) and in the meantime, submit an I-130 so you don't waste time if you can't get this decision reversed.

Ok. Thank you for the guidance.

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

#208

Post by proberts »

noantidote wrote: post #141

Hi Peter Thanks for doing this! I am currently on a J1-Fulbright (with 2 year home requirement), and was planning to apply for an O-1 in future (once I have a few years to resolve and obtain funding for a startup idea). I've been told by Fulbright that it would be damaging to future applications if I am denied a 2 year waiver. Is this true, and is it likely that a waiver will be granted with the new administration? I…

Just to be clear, Fulbright is telling you that future applications, such as an O-1, could be impacted if your J-1 waiver application were denied? That's absolutely not true.

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

#209

Post by Andre84 »

emmajohson wrote: post #86

Hi Peter - thanks so much for taking the time. How quickly do administrations tend to impact the flow of immigration to a country? ie. if Biden were to relax some of Trump's policies, how soon could you expect people from Europe etc. to be able to start taking advantage of that. Know it's hard to gauge but would be great to hear from your experience with previous administrations.

governmental processes are very slow for ammendments / adjustments to get enforced could take years

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

#210

Post by CyberRabbi »

Andre84 wrote: post #205
CyberRabbi wrote: post #182

Earlier quoted context omitted.

I would expect an immigration attorney to be generally well-versed in immigration in all facets. I’m a Rust developer but I generally keep up with all topical software engineering issues.

it depends. In my opinion, each case/ impact is individual while some cases might impact negatively the native american [ in reservation? born in US? or to which extent native?], others might impact them in a positive way

The existence of individual cases does not negate the fact that a systemic effect exists. What is that systemic effect?
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