Hi Peter! We’re are waiting for my wife’s parents to get an interview scheduled at the Spanish embassy so they can get a green card. They are here in the US as tourists. We are close to the end of the process, but we’d like to keep them in the US if we can and just do the interview here. Is it possible?
I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
231–240 of 318 posts
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#232Any insight of when the final action date when F2B -family sponsored Visas may move? Been stagnant for years and I'm one month off...
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#233Earlier quoted context omitted.
You should see if you can put in a request with USCIS (called a Service Request) and also contact your local federal Representative and ask this person to make an inquiry with USCIS (something that is not a big ask and is done all the time and sometimes seems to make a big difference).
Thanks for the response! Unfortunately we've submitted Service Requests for each of our forms as they are past processing times. Each Service Request was met with a response that boils down to "We know. Wait longer.". We've even submitted Service Requests for a couple Service Requests that went beyond processing times for responses!! Our local fed rep in socal would probably be Katy Porter right?
You can try federal litigation. Litigation attorneys are typically different from other immigration attorneys. There are lawsuits based on unreasonable delay, but it's highly variable and will depend on your individual case. 15 months isn't that long, but there isn't a strict upper bound anyway. The best case in these lawsuits is that the government settles or issues your benefit rendering it moot.
It doesn't strictly matter who your rep is. It can be a house rep or a senator. They all fill some form and it goes through the same channels.
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#234Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#235Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#236Earlier quoted context omitted.
I often think about this but regardless of the country, some foreign nationals can never imagine going back to their home country and others always see their home country as their home, where they will end up. It seems more specific to the foreign national than to the home country.
Some people immigrate for purely economic reasons, others immigrate because they prefer the lifestyle and culture in the host country. The ones that always see their home country as their home, where they will end up, are in the first group. They're only immigrating for the $$$.
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Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#237Earlier quoted context omitted.
Surely you should ask that to your Congressman, not a lawyer...
But if you are here on an H1B you don't actually have a congressman. The US citizens you are competing against do. And this is why the system works the way it does.
You have a congressman. That is, you have representation but not suffrage rights. Congresspeople will assist with making congressional inquiries. Their political incentives are a separate matter, but even advocacy ultimately has to get to the legislature. The failures of the system aren't a result of the H1Bs v/s US Citizens dynamic. In reality, there are several different groups with their own incentives. Kind of like how failures of US healthcare isn't a patients v/s doctors dynamic.
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#238Is it legal for US companies to layoff a US citizen before a visa holder if they serve an equivalent function and have equivalent qualifications?
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#239Earlier quoted context omitted.
You should see if you can put in a request with USCIS (called a Service Request) and also contact your local federal Representative and ask this person to make an inquiry with USCIS (something that is not a big ask and is done all the time and sometimes seems to make a big difference).
Thanks for the response! Unfortunately we've submitted Service Requests for each of our forms as they are past processing times. Each Service Request was met with a response that boils down to "We know. Wait longer.". We've even submitted Service Requests for a couple Service Requests that went beyond processing times for responses!! Our local fed rep in socal would probably be Katy Porter right?
You can lookup your Representative here:
https://www.house.gov/representatives/find-your-representati...
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#240What are your fees like?