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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

#122
post #11

Earlier quoted context omitted.

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> GC holders are naturalised citizens

Incorrect. GC holders are not "naturalized US citizens" and still need to apply for full US citizenship with the USCIS when they are eligible to do so.

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

#123

As a Canadian Citizen with a extra serving of Melanin, what are the chances of my getting detained by ICE when visiting my family in USA for a week ? https://globalnews.ca/news/11080371/canadian-woman-detained-... Edit : fix typo Also added context.

If you cross into the US at a port-of-entry and are admitted as a visitor then you are good whether or not you took Melatonin supplements. If you enter illegally or associate with people who entered illegally, don't be surprised if you are caught up in a raid. However, even if you get detained, if you have no criminal history, you will get released after arrested because there are no more beds [1].

Seriously though, if you are going to make a cheeky reference to race, at least get the reference right. Melanin is responsible for darker skin [2].

[1] - https://www.newsweek.com/ice-seeks-more-bed-space-detainee-n...

[2] - https://en.wikipedia.org/wiki/Melanin

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

#124
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…

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

#125

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 s…

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

#126
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?

There's ample legal precedent in the federal system that a green card holder is a "US Person" for many things related to the federal government. For instance, a green card holder can form a corporation, own an FFL, register it with the ATF, become an FFL 02/07 (firearms manufacturer), and even become a SOT (special occupational taxpayer), to manufacture, buy and sell NFA items (silencers). The corporation owned by th…

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

#127
Hi Peter, thanks for doing this over the years, when going through my own immigration journey reading through your past AMAs was a huge help.

For reference, I'm a Canadian who just moved to the US on a TN Visa and I've got a few questions:

- What would you say the percentage likelihood range is that the TN Visa is no longer an option for Software Engineers in 3 years time.

- With the news of USMCA talks reopening, is it advisable to switch to an H-1B visa?

- How long would it take for the government to eliminate the TN Visa, considering the complexity of the process?

- If the TN Visa is discontinued, is it safe to assume those already on it will be allowed to work in the US until their Visa expires?

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

#128

Hi Peter, What are the legal ways US graduates in F1-OPT and F1 STEM OPT start their startup in the form of LLC. I found conflicting information that F1 OPT holder can own/start a LLC but cannot actively work or mange it. How do I even launch my startup if I legally cannot be the owner of it?

I always tell F-1 students that if they look at the guidance from 10 different schools, they will get 10 different answers on whether and how a student on OPT and STEM OPT can start their own/can work for their own business. But the law is clear, it's 100% fine while in OPT status and 100% fine in STEM OPT status under certain circumstances. My only advice is that before talking to your international student office,…

Thanks Peter for the response. School's DSO seem to be less knowledgeable on the subject matter they are advising on.

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

#129

Earlier quoted context omitted.

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…

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Advocating for Palestinians isn’t advocating for a “terror group”. Which is itself a nebulous term that is used for political reasons.

Now, working to carry out a foreign governments interests against the best interests of the American public IS treason, but that’s okay when you’re the president I guess.

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

#130

Earlier quoted context omitted.

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…

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Do the same people claim that arguing against Israel's interests in Gaza is treason against the US? Because I'm not sure what that makes the US government. Now imagine making this argument against a Russian immigrant criticizing Putin's regime.
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