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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

#151
post #133

Green card holder via marriage, decided after 10 years it's time to naturalize. Nothing exotic in the situation - still happily married, started a family, no legal issues, citizen of Western country etc. Is it worth retaining an immigration attorney for this? Most of my friends who have done this did it themselves and say it's a paper-filing exercise, simple test and an interview - so they think I'm being overly caut…

I naturalized just over a year ago. I found completing the application online easy enough. I used San Francisco's free immigration legal advice line for a question about how to account for speeding tickets (the wording on the naturalization form is slightly different to that on the green card form.) You may have something similar where you live. https://www.sfhsa.org/services/immigrants-benefits/free-lega...

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

#152
post #40

How come India (11.8%) and China (74.5%) make up a vast majority of H1B visas? https://www.uscis.gov/sites/default/files/document/data/h-1b...

Both have huge (1.5B) populations, and are shitty places to live, so a lot of people want to get out of there, and H-1B visa is one of the best ways. Huge number of applicants gives you huge number of visas granted.

Also, it's the other way around: 74.5% for India, 11.8% for China

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

#153
You previously answered me that getting H1B without a degree is a thing, but one has to have their work history well documented. Could you please expand on what involves? What if the companies someone worked at no longer exist? Thanks

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

#154
post #147

When a USA citizen meets abroad and wants to marry a non-USA citizen, with the intention of the non-USA citizen pursuing permanent residence in the USA, does it have any effect on the process which country they get married in? I've heard this and similar concerns from employees of multinationals who meet someone while at an overseas branch. They want to do what they can to avoid snags.

Only if they pursue a Fiance Visa, which is(last I checked) usually the best way for the non-USA citizen to get their green card. A Fiance visa requires the marriage happen in the USA(after receiving the VISA).

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

#155

Earlier quoted context omitted.

This is super interesting Feels like a lot of people just travel the US and work remote a bit with the expectation that they will just slip the cracks. Thanks!

I think there's a difference from CBP's/USCIS's perspective between visiting the U.S. for brief trips for pleasure or business and continuing to work while here (for the benefit of a foreign employer or client) and traveling to the U.S. to work remotely from the U.S. (even if for the benefit of a foreign employer or client).

[deleted]

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

#157

Whats the best path forward for a h1b solopreneur who wants to gain some traction on the side project before quitting their full time job and going all in on an idea? Keep going and get into an accelerator and apply for an o1? Or are there new paths with the entrepreneurial parole program?

There are other paths but this is a complicated/lengthy/nuanced discussion that requires a call with an immigration attorney.

Surely you can point to some direction about this?

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

#158
post #154
post #147

When a USA citizen meets abroad and wants to marry a non-USA citizen, with the intention of the non-USA citizen pursuing permanent residence in the USA, does it have any effect on the process which country they get married in? I've heard this and similar concerns from employees of multinationals who meet someone while at an overseas branch. They want to do what they can to avoid snags.

Only if they pursue a Fiance Visa, which is(last I checked) usually the best way for the non-USA citizen to get their green card. A Fiance visa requires the marriage happen in the USA(after receiving the VISA).

Recently, the K1 fiancé visa has been taking longer to process than an I-130 spouse sponsorship. I don’t have any hard numbers though.

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

#160

Earlier quoted context omitted.

Thanks for doing this. My GF is from Mexico and would like to come work in the US. It is quite the process. Paying for an attorney could be very expensive for someone from __not_the_US__. Do you have any advice on what tips the calculus such that it's worth the cost to contract an attorney?

I see. Given the benefit and the potential for delays/problems, I definitely would go with an experienced TN attorney, not only will he or she see options where your girlfriend or a prospective employer might not, but he or she also will ensure it's done right. Also, TN visa applications tend be some of the least expensive U.S. work visas relatively speaking.

Awesome advice. thank you so much!
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