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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

#41

Post by walrus01 »

canucktrash669 wrote: post #18
jjmarr wrote: post #12

Can a TN classification denial result in immigration detention? If so, how can I mitigate that risk? For context, a Canadian woman recently tried to enter into the USA from Mexico and get TN-1 status. Instead of refusing her entry, officials detained her and she's been stuck for 10 days waiting for deportation. https://www.theglobeandmail.com/canada/article-canadian-woma... It's unclear to me how big of a risk this a…

She crossed overland. Imagine you do pre-clearance out of a Canadian airport. Can they kidnap you out of country and ship you to a US detention center?

Canadians may be often unprepared and shocked how aggressive and militarized the southern border is, compared to crossing at northern border land entry points.

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

#42

Post by proberts »

jjmarr wrote: post #12

Can a TN classification denial result in immigration detention? If so, how can I mitigate that risk? For context, a Canadian woman recently tried to enter into the USA from Mexico and get TN-1 status. Instead of refusing her entry, officials detained her and she's been stuck for 10 days waiting for deportation. https://www.theglobeandmail.com/canada/article-canadian-woma... It's unclear to me how big of a risk this a…

That's extraordinarily unusual and in my experience has only happened when CBP believes that the applicant was lying or has a criminal record so I wouldn't base the decision on where/how to apply on this very low risk. Depending on the TN application, there are better and worse ways to apply for a TN and from an outcome standpoint, sometimes it's better to apply with CBP at the border or with CBP at a U.S. airport by flying directly to the U.S.

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

#43

Post by proberts »

fuzztail wrote: post #3

I've seen recent examples of the government targeting green card holders for their speech. As a naturalized citizen who wants to exercise my free speech rights, how concerned should I be about potentially having my citizenship challenged on technical grounds? Are there realistic scenarios where this could happen despite First Amendment protections?

Until recently, I would have said that the only way a citizen could have his or her citizenship taken away was by committing treason but there has been talk by the current administration about expanding the grounds as well as increasing denaturalization efforts. The first Trump administration tried this but it was largely unsuccessful but it's a different administration and a different Supreme Court so I don't think concerns now are unjustified.

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

#46

Post by proberts »

lmrl wrote: post #29
feelingsonice wrote: post #6

What’s the play for solo founders? I can’t establish a company and work towards funding without an H1B but then at the same time I can’t really afford an H1B without funding.

+1

In connection with trying to start a company, there are a lot of activities that can be undertaken as a visitor without a work visa. In fact, I would say that more often than not companies founded by foreign nationals are started when they are visitors. The line that can't be crossed is productive work for compensation but establishing the company, obtaining funding, meeting with potential clients, even hiring can all be done while in the U.S. as a visitor. That being said, the line between work and non-work sometimes is grey and nuanced so it's good to consult with an attorney to understand the limits. This is particularly important when traveling to the U.S. because it's at the port of entry where entrepreneurs are most likely to have issues particularly if they are traveling to the U.S. frequently. One form of protection so to speak is to establish the company with the goal of obtaining an E-2 or E-1 treaty visa; the visitor regulations are much more flexible regarding permissible activities as a visitor when the visitor is planning to get an E-2 or E-1 visa.

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

#47

Post by [deleted] »

SV_BubbleTime wrote: post #4
fuzztail wrote: post #3

I've seen recent examples of the government targeting green card holders for their speech. As a naturalized citizen who wants to exercise my free speech rights, how concerned should I be about potentially having my citizenship challenged on technical grounds? Are there realistic scenarios where this could happen despite First Amendment protections?

[flagged]

[deleted]

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

#48

Post by proberts »

march14user1 wrote: post #36

Hello Peter, I have a situation. I am on H1B and I am being forced out of my job. My wife is also on H1B. After consulting some attorneys, I have decided that I will move to H4 status under my wife, while I search for the new job. Will this protect me until I get a new H1B with new employer soon? What should I be cautious about? For what it is worth, I also have EAD through I-140 pending, but I am deciding not to use…

That's probably the right advice, you don't have to be cautious, you can look for work while in H-4 status (or while an applicant for H-4 status). The issue is this: if you find a new H-1B employer before your H-4 change of status application has been approved, while the new H-1B employer can file an H-1B petition for you, upon approval you likely will have to depart the U.S. and reenter with a new visa (if your previous H-1B visa has expired) or reenter with your previous still-valid visa and new H-1B approval notice. The point is this: USCIS likely will consider you ineligible for a change of status to H-1B when your underlying status is not H-4 but an applicant for H-4 status.

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

#49

Post by proberts »

Trufa wrote: post #39

If I have no bachelors degree and I'm trying to prove 12 years of experience, how does this affect if my changes, I do have the 12 years, but it seems arbitrary to define if they count or not. Thank you very much for the feedback.

The 12 years of previous full-time experience has to be documented with employment verification letters and the experience needs to be at a professional level.

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

#50

Post by proberts »

manish_gill wrote: post #37

I think I qualify for EB-1C, but does one need to be present and already living in the US to apply for it, or can that happen from the current country of residence? Or is the general path: L1 -> Move -> Apply for EB-1C once migrated.

Most people go the EB1C green card route after they are in the U.S. in L-1A status but that's not required; the entire green card process can be done while the applicant is outside the U.S. and not yet employed by the U.S. company.
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