I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA • Hacker News Board

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

#201

Post by longtree » Fri, Jul 28, 2023, 7:42 PM UTC

HI! I am a US citizen living abroad and want to apply for US citizenship for my 1 year old son through the grandfather clause. I understand that after filling the N-600K we will need to go for an interview in the US. We will need to apply for a visa for my son and my wife will come too. She is not a citizen and requires a visa too.

1. The grandfather does not have to come to the interview, correct?

2. We want to come for a visit for a few months to half a year (also for the interview), with the option of emigrating either this trip or in the future.

What type of visas should we apply for? If it's for a short to medium trip or for eventual emigration.

I understood that if my wife enters with a tourist visa and we then apply from within the US to emigrate it is frowned upon and can be denied.

Is this something we would definitely need a lawyer for? What would the costs be?

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

#202

Post by what_ever » Fri, Jul 28, 2023, 7:45 PM UTC

Maciek416 wrote: post #182

astromeson wrote: post #175

I am very interested in developing a tech career in the US. I have roughly 5 years of industrial experience and my bachelor degree is in physics. I am currently working as a software engineer in the UK (I'm from Hong Kong) for the past 2 years and am actively considering the following: 1. Getting a Masters degree in US then work in US with STEM OPT and apply for Green Card through employer; or 2. Moving to Canada, be…

I am not an immigration lawyer. Something you should be aware of is that when applying for a green card, your status as a Canadian (whether permanent resident or citizen) or as a Brit (ditto) is completely irrelevant. The green card process sees your application solely through the lens of your birth country. The GC backlog for Chinese-born people is very lengthy. So lengthy that it tests the longevity of a visa or a…

Is Hong Kong (where GP is from) treated separately from the mainland China for GC country of birth purpose?

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

#203

Post by anorwell » Fri, Jul 28, 2023, 7:46 PM UTC

Gunnerhead wrote: post #87

In June 2021 I tried entering the United States with a TN packet as an Engineer with a Bachelor of Computer Science. However, the officer denied me the TN status saying I need an Engineering, not Computer Science degree, to qualify for the Engineer TN status. Given the denial, in July 2021 the hiring company then applied through USCIS premium processing again for TN Engineer with my Computer Science degree and I was…

As a CS degree holder, I got two TN visas, both as a Computer Systems Analyst. This was ~10 years ago. I'm curious if something has changed to make Computer Systems Analyst positions or applications less frequent.

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

#204

Post by jackall » Fri, Jul 28, 2023, 7:46 PM UTC

What are the chances of getting an EB-1C petition approved for a small startup (15 people), pre-traction, managing 7 - 8 employees directly, who are all based outside the US?

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

#205

Post by winter_blue » Fri, Jul 28, 2023, 7:47 PM UTC

causi wrote: post #183

winter_blue wrote: post #170

What do you think are the odds of any sort of legal[1][2] immigration reform passing Congress in the near future? [1] Whether that's raising the EB cap (or exempting one from the EB limit & allowing AOS after 2 years of waiting). [2] Delegating legal immigration control partially to the states (e.g. states being able to issue EB IVs or work NIVs beyond federal caps), since something like that might be more palatable…

since something that might be more palatable to some parts of the Republican party, Quite unlikely. The line would be "California will just let everybody in and send 'em to our state!"

I suppose Congress could create a concept of state-level permanent residence, but even then, if those permanent residents are allowed to become U.S. citizens, then they would be able to freely move to a red state, which the GOP again might find unpalatable. One finer point on this is that if state immigration policies are structured around a skills-based points-ranking, the prospective immigrants would all likely be high-income earners, who are fluent in English. It's an open question if such immigrants (especially, the ones who are not white) would still get treated like an unwanted anathema by GOP-led states.

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

#206

Post by mynegation » Fri, Jul 28, 2023, 7:49 PM UTC

Canadian citizen, I got an offer from US company. Still need to check with their immigration folks, but should I push for TN-1 or H1B? Also worth mentioning that my spouse has L1A and I am eligible for employment authorization through that (but has not applied yet). What are the pros and cons of each approach?

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

#207

Post by jewelry » Fri, Jul 28, 2023, 7:53 PM UTC

I'm managing a software engineering team for a medium size startup (400 engineers) and one common question is about the source income restriction of H1B employees. One example is that O'Reilly reached out to one engineer on a book deal, and it seems to be impossible to proceed considering he's on H1B. Any angle to work around it?

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

#208

Post by [deleted] » Fri, Jul 28, 2023, 7:53 PM UTC

someotherperson wrote: post #161

A friend entered the US on an ESTA last year. They ended up getting married to their US spouse while in the US, but had no intention of staying in the US and left on day 88 or so. Does this hinder their chances of re-entering the US on an ESTA for short periods (i.e, in this case, visiting their in-laws)? As I understand it, you're not supposed to get married while on an ESTA, but the way the law reads is that you're…

[deleted]

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

#209

Post by howinteresting » Fri, Jul 28, 2023, 7:54 PM UTC

sovietmudkipz wrote: post #25

Tangentially related Q: in the USA there are “illegal” immigrants who have moved into the country. I worry about human rights abuses against these people. What are the methods available for these people to become citizens if they so wish?

Marrying a US citizen is the only practical way forward for most people. And on top of that, it is only available to people who entered legally initially (which is around 50% of unauthorized immigrants if I remember correctly). It is deeply tragic.

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

#210

Post by aabiji » Fri, Jul 28, 2023, 7:55 PM UTC

Hey Peter, I'm currently in high school in Canada and I know that I want to live my life in the US. Ideally I would also like to school in a US university. I also don't have any familial ties in the US. As an immigration attorney, could you map out how I could immigrate to the US, in terms of the visa I need and the process of acquiring a green card? Thank you for your time.