If I'm a citizen and want to sponsor my parents to get green card, do they have to spend 6 months/year in the US? Is there a way around this requirement? Life abroad is better for them so 6 months/year in the US is a lot, but having the flexibility to come and go would be nice without having to deal with visas.
The short answer is no, they do not have to spend at least 6 months a year in the U.S. We have many clients whose parents essentially live in two countries. Certain easy steps just need to be taken in advance.
I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
331–340 of 409 posts
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#332Hi I am a ML researcher (with a couple papers) in Canada (intl student from India), in senior year of undergrad. What are my chances of O-1? It's supposed to be for extraordinary people which, by definition, can be a very high bar to clear. So I was wondering if there is any point working towards it or just go with L1B or something? Any information would be appreciated. Thanks
Having a couple of ML papers on its own is not sufficient, as per the eligibility criteria ( https://www.uscis.gov/policy-manual/volume-2-part-m-chapter-... )
The requirements seem very subjective (define extraordinary). And so I wanted to know what are some real requirements/conditions the committee uses in real life for people who have already got O-1s.
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#333Earlier quoted context omitted.
Get some tax advice!!! If you own more than 10% of a foreign company your US taxes become very, very complicated. I relinquished my green card after my first tax filing. If you want to be in the US, found your company in the US.
I'm confused. I thought on a TN or H1B I'm not even allowed to start a company in the US.
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#334Question: is our experience unique? Was it a mistake to hire a lawyer from the get go? We had friends who sailed through without an attorney in months.
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#335Earlier quoted context omitted.
It doesn't really matter which crossing, IME, you may always encounter a power-tripping officer, and officers at each kind of entry port have the same power. I've been waved through no questions asked at land crossings, pulled into secondary and interviewed by 6 officers in pairs of 2 at an air crossing - and vice versa. Ultimately, admission is at the discretion of the officers unless you're a citizen. Even a green…
> Even a green card holder can be denied re-entry on the basis that they 'abandoned their residency. Its fine if you stay outside of you for less than 1 year. Beyond that you should get a reentry permit before you leave. https://help.cbp.gov/s/article/Article-820?language=en_US
> A permanent resident (called lawful permanent resident or LPR) or conditional resident (CR) who has remained outside the United States for longer than one year, or beyond the validity period of a Re-entry Permit, will require a new immigrant visa to enter the United States and resume permanent residence. A provision exists under U.S. visa law for the issuance of a returning resident special immigrant visa to an LPR who remained outside the United States due to circumstances beyond his/her control. [2]
More than 6 months interrupts your continuous residency for citizenship purposes unless can defend your continued residency during that period, and I am led to believe a REP helps.
Personally I'd err on the side of caution and say if you're regularly away for long periods or if you plan to be away for more than 6 months, it's probably worth the REP. I think any extended or regular absences should probably be regarded with a little more weight than 'it's fine' although most people probably do. If I were gone for more than 6 months I'd expect a pretty significant grilling.
[1] https://www.ilrc.org/sites/default/files/sample-pdf/inadmiss...
[2] https://travel.state.gov/content/travel/en/us-visas/immigrat...
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#336Earlier quoted context omitted.
Significant changes. While immigration laws rarely change, the way they are interpreted and applied can change significantly from administration to administration. We saw that when Trump became President and again when Biden became President.
What changes specifically? I'm lucky in that I am American, and honestly have never had to deal with immigration, so know nothing about it. Do immigration procedures become harder/easier to navigate? Are quotas (if there are quotas) reduced?
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#337Earlier quoted context omitted.
Unfortunately I've seen these terrible delays with our own clients and there's little that can be done other than what you suggest: get to the U.S. on some type of work visa and then pursue the green card when here, which is a very fast process. But one correction: you are allowed to travel to the U.S. as a visitor while your green card application is pending; you just need to maintain a home abroad and not work when…
Thanks for the quick response, I agree if it would be that easy, sadly I’ve had friends that were turned away by customs for that exact reasons (staying months while they visited last time) and got recommended against even trying to enter by an attorney since the I130 in flight might be used by US customs against me. I don’t think you or anyone can assure me that if I am currently trying to enter the country for a vi…
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#338Earlier quoted context omitted.
I'm confused. I thought on a TN or H1B I'm not even allowed to start a company in the US.
Your option A involved incorporating a Canadian company and moving to the US. My comment was on your option A. It is extremely painful to own a Canadian company and have USA tax filing obligations. If you absolutely must do this, make sure your company’s fiscal year falls on the calendar year boundary. I found the reporting onerous and chose to stay in Canada.
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#339Earlier quoted context omitted.
Having a couple of ML papers on its own is not sufficient, as per the eligibility criteria ( https://www.uscis.gov/policy-manual/volume-2-part-m-chapter-... )
Yeah I completely agree. My question was more about practice than in theory. The requirements seem very subjective (define extraordinary). And so I wanted to know what are some real requirements/conditions the committee uses in real life for people who have already got O-1s.