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I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
211–220 of 527 posts
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#212Isn’t the green card risk based on a couple of items in the green card process
The visa process and the person’s assertions to those visa questions
For example - did you every x? And the required answer is No
Let’s assume the person did commit X but answers No
Years go by and the person gets a green card.
The underlying assertion was a lie - therefore the whole stream of events later becomes questionable.
The second situation is a new item being added. For example consider the hypothetical scenario that
When the applicant filled out his forms - greenpeace was legit. And the applicant was a greenpeace member.
Years later the applicant becomes a green card holder.
Now years later. The govt classifies greenpeace a terror org.
Is the green card holder under threat?
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#213Earlier 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…
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 j…
Isn’t the green card risk based on a couple of items in the green card process
The visa process and the person’s assertions to those visa questions
For example - did you every x? And the required answer is No
Let’s assume the person did commit X but answers No
Years go by and the person gets a green card.
The underlying assertion was a lie - therefore the whole stream of events later becomes questionable.
The second situation is a new item being added. For example consider the hypothetical scenario that
When the applicant filled out his forms - greenpeace was legit. And the applicant was a greenpeace member.
Years later the applicant becomes a green card holder.
Now years later. The govt classifies greenpeace a terror org.
Is the green card holder under threat?
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#214Earlier quoted context omitted.
[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…
Actually they can.
For eg. Some green card holders live overseas. They are required to visit here periodically to keep status alive.
I know of cases where their green cards were revoked
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#215How isn't ICE the American secret police?
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#216Peter, 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…
Isn't the requirement 6 months per year in the USA minimum?
Sort of. You need to spend more time in the US than not, but even if you do 6 months every year, there's a high change you'll start to get tough questions when you try to reenter. Longer periods, it gets worse.
That said, the GC will only be taken away if (a) you give it up (you can be pressured into doing so though) or (b) an immigration judge takes it away (CBP can send your case to one if they think you are not living in the US)
This is why a reentry permit exists and that's what OP is talking about. It allows one to leave the country for two years and can be renewed (not guaranteed though).
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#217Hi Peter, Thank you for doing this! I'm on H-1B with an approved EB-2 via my current employer and an approved EB-1A (self-petition). I want to switch employers or take a break. I expected my priority date to become current in Q3 or Q4 2025. Questions 1. If I switch to an H-4 status for a break, can that affect I-485 via EB-1A? 2. I need to visit family urgently and I have got a few offers in hand. Can I quit and trav…
My responses in order:
1. Green card applications are prospective in nature, meaning they concern what the applicant will do after getting a green card so what an applicant is doing now, before getting a green card, shouldn't matter strictly speaking but switching to H-4 and stopping work could cause USCIS to question whether you intend to work in your EB-1A field after getting your green card. To be clear, however, the risk of this is low and USCIS's concern if raised easily rebutted.
2. Yes but you would need the original receipt or approval notice (combined with your existing visa) to get back in. Make sure to speak with the company's attorney about this/travel.
3. Unlikely, since the EB-1A isn't based on a specific offer of employment but as noted above, a change to a different field could raise questions about whether you will continue to work in your EB-1A field after getting your green card. To be clear, however, the risk is low that a job change in the EB-1A context would trigger an RFE by USCIS.
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#218Earlier quoted context omitted.
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.
Even if it continues, there are many in the TPS community that will be stuck in odd situations that prevent them from daily life such as not being able to get drivers licenses.
The malice, the excuses for this nonsensical system, and more have permanently damaged some of my close relationships. It's times like this when people show who they truly are at heart.
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#219If the Trump administration is successful in ending birthright citizenship for illegal immigrants, what actually happens to those kids who were born here? Could they end up in a "The Terminal" situation where no country will claim them?
Don't most countries grant citizenship to children of parents from that country? I'm sure there's lots of bureaucratic issues if they were never recorded in the parent's country though.
Re: I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA
#220Earlier 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...
> Nope! Citizenship is a basic human right. No one can be deprived of it.
Unfortunately not true. Yes, it's a human right. Yes, there's all sorts of international agreements trying to prevent it (because it's a real mess that nobody wants to deal with), but it still happens.
This is more likely for countries that force one to renounce their birth citizenship. Not all those regimes want to take them back even if the option is statelessness.