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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

#231
post #229

Earlier quoted context omitted.

If you gained legal entry in the first place, how did you get DACA after the legal entry?

No it's the other way around. First I was granted DACA then I did advance parole and obtained a legal entry.

Ok that makes sense now.

How did you obtain legal entry after the advanced parole?

Which countries are eligible for DACA or is it totally open for people from any country in the world?

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

#232

If I am indicted in a criminal case, but not convicted, will it affect my ability to renew my green card? (I'm here legally on a 10 year green card)

The facts definitely matter and it will need to be disclosed when you renew your green card but generally - very generally - an arrest without a conviction doesn't impact a renewal (although it could impact an application for citizenship).

Can you be arrested, to assist in further investigation, but not indicted?

If you are arrested but not indicted, how does it affect immigration?

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

#234

As a self-employed Canadian I recently interviewed with a startup based in the U.S and received an offer. I'd be invoicing them, and they'd be paying a fixed monthly rate into my corporate account. They rescinded their offer, citing what I think is just a scapegoat, which was they they spike to their lawyer and concluded that the nature of the relationship was too close to employment, and would leave them liable unde…

I haven't seen that and I've seen very close contractual relationships between Canadian contractors and US companies but unfortunately because this concerns Canadian law, I can't comment.

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

#235

If you could wave a magic wand and make three procedural ( i.e. politically nonreactive) changes to immigration statute, what would they be?

Interesting question. I'll give that some thought and get back to you. What would you do?

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

#236
Hi Peter

Are you able to see these comments with questions or are they not visible for your account?

https://news.ycombinator.com/item?id=29203081

https://news.ycombinator.com/item?id=29203269

https://news.ycombinator.com/item?id=29203387

https://news.ycombinator.com/item?id=29203454

https://news.ycombinator.com/item?id=29203998

Because this is a new account and it looks like comments from this account need to be approved first by someone in hn before the comments can appear.

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

#237

Earlier quoted context omitted.

The facts definitely matter and it will need to be disclosed when you renew your green card but generally - very generally - an arrest without a conviction doesn't impact a renewal (although it could impact an application for citizenship).

Can you be arrested, to assist in further investigation, but not indicted? If you are arrested but not indicted, how does it affect immigration?

Because the ultimate legal issue is not whether one was convicted but whether one committed acts that would be considered criminal and so one could be arrested and not convicted or not even arrested at all but the record shows - or they inadvertently admitted - that they committed the elements of a crime. While it's rare that USCIS goes behind an arrest that didn't lead to a conviction, it can and sometimes does.

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

#240

If you could wave a magic wand and make three procedural ( i.e. politically nonreactive) changes to immigration statute, what would they be?

Interesting question. I'll give that some thought and get back to you. What would you do?

> What would you do?

[EDIT: Ignore old answer!]

Long-term visas with work authorisation for college graduates and a tinkerer exemption of some sort for all work visas.

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