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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

#81

Post by sureglymop »

Hi all

I have a general question that perhaps others can answer too. I am currently located in Switzerland but I plan to move to the US as my partner just got the medical license as a doctor in the state of New York.

My question is, as I am currently still located in Switzerland, does it make sense to already look/apply for jobs in the US from here? If yes, what's the best way to do so?

If there is a choice, does it make more sense for an immigrant visa to be sponsored by my partner or by an employer?

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

#83

Post by Matticus_Rex »

orionsbelt wrote: post #32
darksaints wrote: post #15

Earlier quoted context omitted.

[flagged]

I agree with you, and I don’t know where on that line the Columbia student with a green card that was detained falls, but I will say there were plenty of protestors in the US who were supportive of Hamas. There was a group in Chicago, for example, that adopted the imagery of a hang glider on their protest posters, which were used in the Oct 7 terrorist attacks. So I would not be surprised if he did express support fo…

Expressing support for Hamas is also protected speech, and that's not controversial in terms of 1A law/jurisprudence.

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

#84

Post by miketery »

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.

I did this for a bit. There has to be an employee employer relationship even if you have equity. You must establish that you can be fired by the board or an executive in the company. Also you need to be on payroll (W-2) at pulling a prevailing wage for your region and job description.

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

#85

Post by miketery »

coolsank wrote: post #9
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.

Would really like to know about this one as well

See my comment to OP

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

#86

Post by galaxyLogic »

galaxyLogic wrote: post #80

Do Greencard holders have right to Social Security? What can you do if you are denied it? Background: I was a GC holder and the expiration date on the GC was past due by the time they processed my application for social security. BUT I had also already applied for citizenship, and when doing that online the website informed me that my CG status was automatically extended a year or so because I had applied for citizen…

To follow up a bit: I got my citizenship. Then I was approved for Medicare. Then I applied for Medicate part C and D with the healthcare provider Humana. Humana initially approved my application but then sent me a letter saying my part C and D was DENIED the reason being: "Illegally present in US".

I have never been in the USA illegally but always had a valid visa until I got my citizenship. So where did Humana come up with the claim I was illegal? I can only assume that Social Security Administration told them so, perhaps to cover up their mistake that they had wrongly denied me social security.

Should I sue Humana or Social Security Administration?

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

#87

Post by theyinwhy »

SV_BubbleTime wrote: post #7

Both Musk and Vivek initially supported H1B, and saw massive backlash in the conservative communities. So much so that Vivek left (was removed?) from DOGE and went to run for Gov now with a largely sour taste in MAGA people’s opinions. Pointing to me that H1B is advantageous for employers but deeply unpopular with the majority of voters this last election. Do you see the Administration taking on H1B changes in a big…

The administration is mainly implementing project 2025. You can look up this tracker to see if they plan changes there: https://www.project2025.observer/

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

#89

Post by rayiner »

proberts wrote: post #43
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…

To be clear, the statutory standards for denaturalization are quite expansive: https://www.uscis.gov/policy-manual/volume-12-part-l-chapter....

8 USC 1451(a):

> a) Concealment of material evidence; refusal to testify It shall be the duty of the United States attorneys for the respective districts, upon affidavit showing good cause therefor, to institute proceedings in any district court of the United States in the judicial district in which the naturalized citizen may reside at the time of bringing suit, for the purpose of revoking and setting aside the order admitting such person to citizenship and canceling the certificate of naturalization on the ground that such order and certificate of naturalization were illegally procured or were procured by concealment of a material fact or by willful misrepresentation

According to USCIS, the misrepresentation need not be but-for material. That is, you only need to show that the omission or misrepresentation was relevant to the naturalization inquiry. But you do not need to prove that the government would have denied naturalization had it known the true facts. In that respect, the standard is similar to 18 USC 1001, which has been applied extremely broadly in federal prosecutions. The second Trump administration has much smarter lawyers than the first one, and I'd count on them to be aggressive about using the full scope of section 1451(a).

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

#90

Post by throwaway9099 »

Peter, I'm a software engineer with a FAANG company, ~20 years experience and at the senior staff level. I lived in the US for a while with my family, and we all have green cards. Last year, we moved back to India (where we're from), with re-entry permits that are valid till July 2026. We'd like to continue living in India for a while (the next 8-10 years, till our kids finish school), but also keep our green cards so that we can move to the US afterwards without going through the Indian-citizen green card nightmare, especially for my kids. I go to the US every 3-4 months on work, my family less frequently. Been paying US taxes and no problems continuing to do so, but I don't own a house in the US. Is there a way I can keep my green card while living in India for 8-10 years? Or should I just give it up when my re-entry permit expires, and find a way to apply again?
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