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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

#351

Post by afiori »

usr1106 wrote: post #350
solidsnack9000 wrote: post #330

Earlier quoted context omitted.

Laws in probably every other country are the same in this regard. If you enter the country and do any work under the wrong visa, it is an improper entry.

That's correct. But only when entering the US I have been asked for example: Do intented to engage in illegal activity? That's question seems to violate common sense: No one intending to do so would admit it.

Nobody expects you to say "yes, I want to defraud old people" but if evidence comes up that you intended to do illegal stuff they now have a simple case of you lying to the immigration officer.

Similarly to how you are supposed to pay taxes on income of illegal activities, if they find stacks of cash in your house it becomes easier to convict you.

They are weird laws but have their uses (good or bad)

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

#352

Post by lokar »

usr1106 wrote: post #319
lokar wrote: post #238

Earlier quoted context omitted.

Correct. And it protects everyone from “unreasonable “ searches. The SCOTUS has determined that searching foreigners at airports is not unreasonable.

Which has told me as a European that the US is an unreasonable place I don't want to enter anymore, neither for business nor leisure. But I have full understanding for people who are in a situation that the US is still the smaller evil.

They have also said it’s not unreasonable to detain and in some more narrow situations search American at the border.

Do most EU nations have constitutional protections as strong as the US bill or rights?

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

#353

Post by [deleted] »

yodsanklai wrote: post #248

I'm a European SWE working for a US company and I could request a transfer to the US (L visa?). The latest waves of layoff made me realize that my job wasn't particular safe, especially in the US. My question is: how long would I need to work in the US (lower/upper bound) in order to get a green card (or perhaps some visa with better guarantees than the transfer one).

[deleted]

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

#354

Post by mettamage »

A bit of a late question: My fiancée and I are going to marry soon. I'm here on an ESTA (I'm from the Netherlands), and from my understanding marrying while on an ESTA should be fine, as long as there is an intent to leave and as long there's no adjustment of status shenanigans, I wasn't intending on it.

What's the quickest way to immigrate to the US with work authorization?

My thoughts: go through the CR-1 process. It'll take about 18 months, but as she is a born and raised US citizen living in the US, there seems to be no other way. Direct consular filing (DCF) can only be done if she lives abroad somewhere.

18 months is a long time. Is there a way for it to go faster? Are there options I'm not seeing? I have looked in to the K-1, but that doesn't seem to help much, if at all. Is there a way to make sure that the CR-1 gets processed faster? It's the first reason I was looking into DCF at all. It seems one cannot really influence the process. USCIS seems to be clogged, and we all have to wait longer than what IMO is reasonable.

Immigration based on marriage in the Netherlands definitely doesn't take that long.

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

#355

Post by proberts »

mettamage wrote: post #354

A bit of a late question: My fiancée and I are going to marry soon. I'm here on an ESTA (I'm from the Netherlands), and from my understanding marrying while on an ESTA should be fine, as long as there is an intent to leave and as long there's no adjustment of status shenanigans, I wasn't intending on it. What's the quickest way to immigrate to the US with work authorization? My thoughts: go through the CR-1 process.…

A K-1 might be a bit faster bit not by much. The only other option is get a work visa (such as an O-1 or L-1) and then when you are in the U.S., file your marriage-based green card application, which in most instances is taking less than 6 months. The immigrant visa process, as you correctly note, is taking a while, anywhere from 12 to 18 months, depending on the Consulate.

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

#356

Post by proberts »

proberts wrote: post #142
XCabbage wrote: post #138

Preamble: As I understand it, it is permissible for a European who works for a US company to visit the US as a "business visitor" on an ESTA in order to visit the company, as long as the visit is not for "work". Various sources list activities that are deemed to be "business" and not "work", such as attending business meetings or attending a trade show, and entering on an ESTA for these purposes is thus acceptable. Q…

That still would cross the line even if that wasn't your plan when you entered.

That people get away with working while in B-1 or B-2 doesn't mean that the law allows it; simply put, some CBP officers know the law and others don't. The confusion is that years ago, the B-1 rules allowed for short term work in the U.S. while on the payroll of a foreign company but that absolutely isn't allowed anymore and if an applicant for a B-1 visa or admission in B-1 status says this, then there is a high probability that their visa application will be denied or they will be denied admission and possibly even banned. The grey area is the definition of "work" here. I use a couple of guidelines: clearly compensation from a U.S. source while in the U.S. is prohibited although reimbursement for reasonable travel expenses is allowed and activities the primary purpose of which is to benefit a U.S. entity or person almost certainly aren't allowed.

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

#357

Post by proberts »

YZF wrote: post #267
cgh wrote: post #243

Earlier quoted context omitted.

I worked for a large Silicon Valley company as a foreign national (Canadian) and I flew down at least once a quarter. When I said I was going for “unpaid business”, I was questioned enough that it led me to ask my employer to get me the proper visa so I could legally work because it felt like I could get denied entry on the whim of the immigration agent. It felt uncertain and was kind of stressful. My advice is, don’…

Same here, also got a TN because the questioning becomes very uncomfortable as both sides of the conversation usually are not stupid. Some friends in a similar situation were turned around at the border which can also lead to getting barred from ever entering the US again.

To be clear, an H-1B visa is petition based so unless the CBP officer has reason to believe that something is amiss, the officer is not authorized to ask to see a copy of the petition; that clearly crosses a line. The TN is not petition based so every time a TN worker seeks admission, the CBP officer is authorized to re-adjudicate the TN application.

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

#358

Post by proberts »

timenova wrote: post #202

My co-founder and I are working on a cloud startup (we have a registered LLP in India), and after launch, we want to register in the US through Stripe Atlas/Clerky. It seems easy enough (as non-residents) to open a company bank account in the US too. In the future, we plan to apply for the EB-1 (based on your suggestions in previous threads to others) to live in the US. Is it okay to register and operate a US company…

From a an immigration standpoint, it's allowed and there's really no downside to it and if it helps to grow the business, then it will help support your EB1A or EB1C applications later.

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

#359

Post by icangothroughit »

Hello. I'm struggling with my immigration status and my friend recommended my to ask on this website. I hope I can get some legal advice well!

My current immigration status : I came to USA a year ago with J1 internship visa (2years requirement waiver). At first I had no plan for marriage. But, July 2023, I suddenly got married with my boyfriend. I quit my job and moved to the another state where he is living, so my J1 visa was expired around Sep-Oct 2023. We started living together since Sep 2023, and we filed I-130, I-485, I-765, I-131 soon. I got receipt notices for them around the end of Sep 2023. I received my EAD card last year as well. >>> Entry visa: J1 internship without 2 years requirement. - Now expired. >>> Current status: I-130, I-485, I-131 pending. I received EAD card. I sent medical examination result (I 693) already. I went for a biometrics appointment and submitted my finger print as well.

However, Feb 2024, something happened and I reported my husband to local police and military police since he is a military active duty. I reported for domestic violence(sexual, verbal, emotional, mental). Military issued No Contact order on him on Feb 2024 and it's still valid. I don't have Protection Order from court. I have my victim advocate on military base and military victim attorney as well.

>>> I have my local police report/ military police report/ no contact order from military/ no contact order extension from military/ counseling record regarding Sexual assault and emotional abuse (This counseling was done Nov 2023, Dec 2023)/ Statement of my friend as a witness(She didn't see it, but I told her about Sexual Assault when that happened)/ Therapist letter - asking extension of no contact order after the incident/ Psychiatrist letter - after incident I got diagnosed PTSD, Anxiety disorder & Insomnia/ ER visit paper after the incident (panic attack & anxiety)/ Statement of victim advocate/ military victim attorney contract paper/ Text message screenshot - my husband was admitting his behavior (Suicidal threat with knife to his throat& Verbal rape threat)

Since Mar 2024, I relocated myself to another state and currently I'm staying at domestic violence victim shelter. He filed a divorce paper around end of Feb or early March of 2023. Our divorce will be finalized maybe next week(probably- by 04/20/2024)

Now, I'm trying to apply for VAWA green card. My previous immigration attorney told me that my husband has withdrawn I-130 and I-485. She didn't inform me before I asked her the other day- saying she doesn't represent any of us, due too conflict interest. I guess my husband withdrew my petitions a while ago, but I could know this information the other day. However, whenever I check my case status on USCIS website with receipt numbers, it doesn't say my cases are withdrawn. It just says 'We sent you receipt notice' >>> So, my understanding of this situation is - He filed a withdrawal paper but it's still processing. So my petitions are still pending.

I'm desperately looking for proper immigration legal advice. I'm talking to some legal aid associations but they don't respond me promptly, it seems that I'm on the waiting list. I want to get some legal advice and do this process by myself.

>>>Here's my questions.

1. How can I check if the withdrawal paper is submitted? Even if it's submitted, when I put my receipt number on USCIS, it doesn't say it's withdrawn - that means my petitions are still pending?

2. For VAWA process, are these only forms that I have to apply for? (I 360, I 485, I 131, I 693, I 765)

>> Do I have to submit withdrawal form for pending petitions before I submit new petitions? (I 130, I 485, I 131) >> Is there any way to keep my current I 485, I 131 pending petitions? Or do I need to submit new forms for same petitions? >> After finalization of divorce, will my current pending petitions be automatically withdrawn? (I 130, I 485, I 131)

>> Let's say our divorce is finalized on 04/18/2024, then if I submit VAWA green card application and receive receipt notice around 05/10/2024 1) does that mean I'm staying in US illegally for a few weeks? 2) In the meantime (04/18/2024 - 05/10 /2024), can I work with my EAD card legally? (My main concern) 3) Will it be a problem with my green card approval? Can it be considered as residing in the states illegally? Is there a possibility that they can deport me?

** Especially, I have a big concern with my EAD card.. I have a job interview soon and I'm so worried if I can't legally work anymore after divorce

>> I already receive my EAD card, and it's valid until 2028. Do I need to submit new I 765 form?

>> Apparently my husband already filed a withdrawal paper for I 130, I 485. So,, if that's approved around May 2024, does that indicate of the termination of EAD card?

>> After the finalization of divorce, can I still use my EAD card and legally work? or will it be invalid automatically?

>> Will my EAD card be still valid even after I submit new I 765 form?

I'd like to know if I can legally work after divorce since this EAD card is based on his I-130 petition as far as I know. Also, I'm so confused if I have to file a new I 765 even after I received it already. If I have to submit new I 765, does than mean the termination of my current EAD card?

Also, I have last question. I'm talking to one immigration attorney from the legal aid based on different state with my current address. I was already talking to him before I relocated myself and still. He recommended me to find new legal aid in this area, and I tried several times but it's really hard to find. I want to suggest him to go through this VAWA process together. I'm wondering if that can be possible - The attorney is in Western part of the country and I'm in Eastern. Can he work with me for the VAWA process and file the form to the nearest USCIS from my current address?

Thanks for your time. I think my situation is a bit complicated, I'm so confused what I have to do. Especially, about EAD card, I have so much concern since I have a job interview soon. I hope to hear from you soon. Have a good evening!

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