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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

#201

Post by mandeepj »

ceejayoz wrote: post #136
mandeepj wrote: post #121

Earlier quoted context omitted.

Country of birth, if not a dual citizen

Not necessarily. People can and do get left stateless ( https://en.wikipedia.org/wiki/Al-Kateb_v_Godwin involves someone born in Kuwait but not a citizen); countries can and do reject deportations even of their own citizens ( https://www.nytimes.com/2025/01/31/world/trumps-deportations... ).

Nope! Citizenship is a basic human right. No one can be deprived of it. Middle Eastern countries have strict laws regarding citizenship; in that case, the person would have the citizenship of their parents. If one can prove legally their citizenship, that country is bound to take them back if deported.

#4 -> https://www.mea.gov.in/Speeches-Statements.htm?dtl/38990/Sta...

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

#202

Post by proberts »

abaymado wrote: post #55

If my asylum application gets denied, what options do I have? I came to the U.S. as a minor and have little to no memory of my original country. I applied for asylum in 2016 and have been waiting for an interview ever since. Given my pending status, are there any other pathways to obtaining a Green Card or legal residency that would allow me to travel? Edit Additional Question - Some of us like myself, came to the U.…

Sometimes there are employment-based green card paths that can help for those seeking asylum but whether going down this path would allow you to travel would depend in part on your immigration history - what your status was when you came to the U.S., when you/your parents applied for asylum, etc. If you haven't already, you should speak with an immigration attorney to look at all options, including those based on employment.

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

#203

Post by tome »

dttze wrote: post #200
tome wrote: post #189

Earlier quoted context omitted.

Presenting it in those false terms makes you a bad guy, yes. Israel is not a "military state" and a left wing Israeli government would have carried out much the same military operations. "Children" were not bombed. Military targets were bombed. Many children died in consequence, not least because of Hamas's eagerness to put them in harm's way in an attempt to win over credulous fools, albeit some of them well-meaning…

There is no left wing in Israel, you are painting a false narrative. It is a fascist state run by thugs (much like ours, which is probably why they are so eager to sell out Americans to Israel). Children were bombed. They knew the kids were there and they bombed them. Often happily doing it knowing they'd slaughter hundreds to get one supposed terrorist. They bulldozed bodies. They tiktoked the destruction of univers…

The 2021 elections ended with a government of 61 seats, including 7 seats for Labor (left), 6 seats for Meretz (fairly hard left), 4 seats for Ra'am (Islamist), so 25% from what would be considered a "left bloc" from a Western viewpoint. Then Yesh Atid and Blue and White had 17 and 8 respectively, both centrists, so just short of 50%. So there most certainly is a left (albeit small) and a substantial centre. Israel has a pluralistic political sphere.

Israel's military operates according to the laws of war, which forbid targeting of civilians, but do not forbid civilian deaths.

In a sense you're right though. If by "left" you mean "peace movement", that was on life support after the second intifada, and Oct 7th pulled the plug. There will be no substantial peace movement in Israel for a generation. Many of those slaughtered on Oct 7th were from the hard left/peace movement bloc.

And to reiterate, yes, presenting things in those false terms makes you a bad guy.

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

#204

Post by proberts »

hervature wrote: post #114
abrichr wrote: post #64

Hi Peter, I have a few questions: 1. I currently do consulting for US clients through a Canadian corporation. If I accept a full-time job in the U.S. (e.g., on a TN or H-1B visa), can I continue consulting for other clients? - Does the answer depend on the visa type? - Are there any restrictions on self-employment or side income? 2. Can I set up a corporation (LLC, S-Corp, or C-Corp) in the U.S. while on a work visa?…

I'm not Peter. IANAL so do your own homework. However, I have been on TN visas for almost a decade. 1. Once you enter the US on a work visa, you are only authorized to work under the restrictions of that visa which are normally tied to a single employer. The "I was working remotely for a Canadian corp" does not fly legally speaking. Wherever your feet are are "where" you are working. That being said, one little known…

Excellent responses. Thank you. I would add that the O-1 and the E-2 are probably the best fits to do consulting work for multiple companies in the U.S. but the O-1 requires a relatively high level of achievement and the E-2 requires a "substantial" investment by (in this case) Canadian citizens (which can include investments by you) or Canadian-owned companies and a business plan that shows the hiring of U.S. workers (citizens and permanent residents) over time.

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

#205

Post by ceejayoz »

mandeepj wrote: post #201
ceejayoz wrote: post #136

Earlier quoted context omitted.

Not necessarily. People can and do get left stateless ( https://en.wikipedia.org/wiki/Al-Kateb_v_Godwin involves someone born in Kuwait but not a citizen); countries can and do reject deportations even of their own citizens ( https://www.nytimes.com/2025/01/31/world/trumps-deportations... ).

Nope! Citizenship is a basic human right. No one can be deprived of it. Middle Eastern countries have strict laws regarding citizenship; in that case, the person would have the citizenship of their parents. If one can prove legally their citizenship, that country is bound to take them back if deported. #4 -> https://www.mea.gov.in/Speeches-Statements.htm?dtl/38990/Sta...

> Citizenship is a basic human right. No one can be deprived of it.

That's great and all, but the problem still exists. https://en.wikipedia.org/wiki/Statelessness

> Middle Eastern countries have strict laws regarding citizenship; in that case, the person would have the citizenship of their parents.

Well, when Palestine gets international recognition as a sovereign state, that'll solve the problem. Until then, he's stateless.

"Kuwait's Nationality Law is based on the citizenship of the parents, jus sanguinis, (Article 2) and does not provide for citizenship based on place of birth, jus soli, except in the case of foundlings (Article 3). For this reason Al-Kateb did not acquire Kuwaiti citizenship at birth, and was thus considered a stateless person. Al-Kateb left his country of birth after Kuwaiti authorities pressured nearly 200,000 Palestinians to leave Kuwait. In December 2000, Al-Kateb, travelling by boat, arrived in Australia without a visa or passport, and was taken into immigration detention under the provisions of the Migration Act 1958."

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

#207

Post by spacefan1984 »

epistasis wrote: post #199
spacefan1984 wrote: post #171

I have a Ukrainian refugee family under TPS, approved through 2027, staying in my guest house in Texas. There are rumors that the Trump administration will revoke the status of TPS peoples in the next month or two. If this happens, my understanding is that this will immediately turn them into illegal aliens, subject to deportation. Is my vague understanding true? Is there anything I can do to help them? I don't mind…

Here's an article on it: https://www.reuters.com/world/us/trump-plans-revoke-legal-st... > The planned rollback of protections for Ukrainians would be part of a broader Trump administration effort to strip legal status from more than 1.8 million migrants allowed to enter the U.S. under temporary humanitarian parole programs launched under the Biden administration, a senior Trump official and three sources familiar wi…

I feel so helpless in the face of so much chaos, incompetence and malice.

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

#208

Post by outworlder »

mc32 wrote: post #11
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]

> Green card holders are essentially long term visas with citizenship grants for good behavior

No.

One of the major distinctions being – CBP cannot deny a green card holder to enter the country. They can try pressure tactics to 'convince' the person to 'voluntarily' give up their green card but, if they don't sign anything, they will still be let in. If there's something off about their case, they may be referred to an immigration judge, which is the only way to revoke a green card (barring some fraud detected by USCIS).

Contrast that with visas. They are entirely at immigration discretion and can be canceled at any time, including at the port of entry, for any reason. Visas which grant work authorization still have the SSN restricted and it's tied to whatever authorization the person has. A green card holder can remove the SSN restriction and their SSN is exactly the same as a citizen.

Really, the main differences are that a citizen can hold some offices a LPR cannot, the ability to vote, and no requirement to renew anything. And, most importantly, no residency requirements for a citizen.

As you point out, naturalization is more difficult to remove, but green cards aren't that easy either.

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

#209

Post by proberts »

timtamboy63 wrote: post #57

Hi Peter - thanks for doing this. I'm currently on a H1B and transitioning to an E3 visa. However, I did get married to a US Citizen and am also applying for my green card via marriage. I need to move to the E3 as my H1B maxes out before I can get a green card. I have a few questions: * The E3 visa is a non-immigrant visa, but I assume getting married to a US citizen implies immigrant intent. My lawyers tell me it's…

My responses in order: 1. The safest advice is to wait at least 90 days after entering the U.S. before applying for a green card; however, applying for an E-3 visa after getting married to a U.S. citizen involves some risk. If you are in the U.S. and just changing your status to E-3 from H-1B (and not applying for an E-3 visa), then you really don't have to wait the 90 days. 2. Until January 20th, less than 6 months typically although there was variation depending on place of residence. It appears, however, that USCIS is bringing back the in-person interview as part of the marriage-based green card application process and this will slow the process down considerably to what it was before, which was one to two years. 3. Absolutely; the marriage-based route should be much faster.
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