What do you think will change for folks who are paroled under Uniting for Ukraine (https://www.uscis.gov/ukraine)?
I'm Peter Roberts, immigration attorney, who does work for YC and startups. AMA
131–140 of 418 posts
Re: I'm Peter Roberts, immigration attorney, who does work for YC and startups. AMA
#132[flagged]
Re: I'm Peter Roberts, immigration attorney, who does work for YC and startups. AMA
#133I am filing an EB1-A petition with a law firm. The law firm says that based on their recent experience, EB1-A cases that have requested Premium Processing (PP) have a lower approval rate and a higher RFE rate. While the statistic may be true, is there a causation between PP and RFE/denial or is it just that cases created in a rush with PP might simply get more RFE or denial? Thanks
With all due respect, the firm's data is 100% anecdotal and I would say meaningless. There's no reliable data on this question since there's no control studies (and can't be) on the relative merits of filing EB1As with or without premium processing. We file 99% of our EB1As with premium processing because most of our clients don't want to wait 6 months to hear back from USCIS.
Re: I'm Peter Roberts, immigration attorney, who does work for YC and startups. AMA
#134What’s your perspective on when the EB-3 and EB-2 rest-of-world priority dates will move into 2024, considering they haven't changed much since April 2023?
Unfortunately, I just don't know and usually when I guess (because it's just a guess like everyone else), I'm wrong.
Re: I'm Peter Roberts, immigration attorney, who does work for YC and startups. AMA
#135Any tips or suggestions for a DACA recipient with a year left in Uni for Computer Science, here in the states? I am nervous about my career post-school and am wondering if you could shed some insight as to what my options might be. Thank you for your time.
We represent a lot of DACA recipients and the options of moving to another status are very fact-specific, depending on their status at the time of entry, their qualifications, their country of citizenship, etc. A year isn't a lot of time as we all know so I would recommend scheduling a consultation with an immigration attorney soon.
Understood thank you for your help.
Re: I'm Peter Roberts, immigration attorney, who does work for YC and startups. AMA
#136Earlier quoted context omitted.
I wouldn't. The wording of the 14th Amendment is ambiguous and was arguably misinterpreted by the courts. "All persons born or naturalized in the United States, AND (capitalized for emphasis) subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside." If they can get the SCOTUS to reconsider United States v. Wong Kim Ark from 1898 it could go either way - the court is…
I still think it's extremely unlikely. In other immigration contexts, "subject to the jurisdiction thereof" has been interpreted to exclude only diplomats and those not subject to the laws of the U.S. even though they are in the U.S. So children born in the U.S. to diplomats aren't considered citizens at birth.
The same is true for people born into war zones not fully under US control. I still wouldn't write this off. All it takes is a compelling argument for a new interpretation of "and subject to the jurisdiction thereof".
It's pretty easy to make a compelling argument.
The 14th Amendment was intended to address the citizenship status of freed slaves and their descendants post-Civil War. It was not meant to apply to the children of immigrants, particularly those who were not legally present or had not pledged allegiance to the U.S.
A stricter interpretation of "subject to the jurisdiction." means it should require complete, exclusive allegiance to the U.S., which might not apply to children of undocumented immigrants due to their parents' legal status or nationality.
You could also argue that the current interpretation dilutes national sovereignty by automatically bestowing citizenship without a clear reciprocal pledge of allegiance from the parents.
The fact that children of diplomats do not automatically gain citizenship due to not being "subject to the jurisdiction" in the fullest sense could be expanded to include children of undocumented immigrants, arguing that these parents, too, are outside full U.S. jurisdiction.
Finally, United States v. Wong Kim Ark was decided under different circumstances. The socio-political context has changed. This could be used to justify revisiting the original interpretation.
Re: I'm Peter Roberts, immigration attorney, who does work for YC and startups. AMA
#137My friend is on h1b. Can he join me as a co founder? He has done zero work/contribution so far because he is tied to his sponsor. I would like to have him as a co founder and would like any advice you can offer. Thanks!
In 2011, we hired someone on an H1B at the startup where I worked. It was a straightforward process. The paperwork added a couple weeks to the process, and IIRC it cost $10k or so in legal fees, but for a great hire, it was definitely not a meaningful barrier. We were already incorporated as a C corp. I would imagine that some sort of incorporation will be pretty much a requirement. (IANAL)
Thanks. It's more complicated when the H-1B beneficiary is a founder/owner.
Re: I'm Peter Roberts, immigration attorney, who does work for YC and startups. AMA
#138[dead]
Re: I'm Peter Roberts, immigration attorney, who does work for YC and startups. AMA
#139Are there any pitfalls to prepare for or avoid for people trying to get their parents permanent residency/green cards?
Re: I'm Peter Roberts, immigration attorney, who does work for YC and startups. AMA
#140Great questions and comments. Thank you! I'm taking a break until around 3 pm EST and then will return for several more hours.