I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA • Hacker News Board

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

#261

Post by dmix » Fri, Mar 14, 2025, 9:54 PM UTC

wahnfrieden wrote: post #103

proberts wrote: post #42

Earlier quoted context omitted.

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…

You don't think border processes are becoming uncertain now and relying less on precedence?

A land-border crossing in Mexico? 100%, yes.

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

#262

Post by tshaddox » Fri, Mar 14, 2025, 9:57 PM UTC

lizknope wrote: post #249

walrus01 wrote: post #41

Earlier quoted context omitted.

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

I'm an American and I was annoyed at how aggressive and militarized the southern border is. I was on a big road trip across the country visiting national parks. I went to Organ Pipe Nat. Monument in Arizona which literally touches the Mexican border. On my way there I drove through a border patrol checkpoint 10 miles north of the border inside the US. They don't check southbound traffic, only northbound. I never ente…

> Okay, you can go but you should carry your passport

Funny, since half of U.S. citizens don't have a passport.

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

#263

Post by umutisik » Fri, Mar 14, 2025, 9:59 PM UTC

When considering a candidate on an F-1 + OPT, what should be our expectation of their need for H1B sponsorship? What are O-1 and National Interest Waiver success rates for recent PhD grads (in computer science)?

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

#264

Post by YZF » Fri, Mar 14, 2025, 10:01 PM UTC

proberts wrote: post #148

abxyz wrote: post #67

Possibly too broad of a question but any insight you can provide on the definition of "work" in the context of being a digital nomad in the U.S. would be helpful. For example, if I am a European citizen who works for a European company and enters the U.S. on a B-2 for a 2 week vacation, is it reasonable to interpret the prohibition on "work" as meaning I am not allowed to participate in the U.S. labor market but does…

The last paragraph is correct and well said; as long as the trip is "brief" (that is, you haven't effectively moved to the U.S.) and your work-related activities for your European company are incidental to the primary purpose (that is, your primary purpose is not to somehow work for your European company), then you should be fine. Where digital nomads run into problems is when they're spending a lot of time in the U.…

That's interesting. I would have thought that any work, incidental or not, would be a violation of the visa. I've heard of people being harassed for e.g. doing work on their vacation property (e.g. Canadians owning US property) while they were vacationing even when it's something small/minor.

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

#265

Post by tshaddox » Fri, Mar 14, 2025, 10:05 PM UTC

dttze wrote: post #129

ggernov wrote: post #124

Earlier quoted context omitted.

[flagged]

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.

> working to carry out a foreign governments interests against the best interests of the American public IS treason

That sounds even more vague and broad than the definition given in the Constitution. But I'm pretty sure the one in the Constitution is talking about a clear and deliberate shift in allegiance from the United States to another group that is actively engaged in hostilities with the United States.

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

#266

Post by grahamgooch » Fri, Mar 14, 2025, 10:12 PM UTC

rayiner wrote: post #247

grahamgooch wrote: post #213

Earlier quoted context omitted.

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…

So this is not legal advice and I'm not an immigration lawyer. And I'm not explaining how the law is likely to be applied. Instead, I'm explaining how an aggressive government prosecutor could plausibly seek to apply it. The wording of 8 USC 1451(a) is not limited to particular questions on visa or green-card applications. The statute refers to how the "order and certificate of naturalization were ... procured" which…

Great points. The whole doc is vague and filled with trap doors.

Best to get a citizenship asap

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

#267

Post by [deleted] » Fri, Mar 14, 2025, 10:15 PM UTC

lizknope wrote: post #249

walrus01 wrote: post #41

Earlier quoted context omitted.

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

I'm an American and I was annoyed at how aggressive and militarized the southern border is. I was on a big road trip across the country visiting national parks. I went to Organ Pipe Nat. Monument in Arizona which literally touches the Mexican border. On my way there I drove through a border patrol checkpoint 10 miles north of the border inside the US. They don't check southbound traffic, only northbound. I never ente…

[deleted]

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

#268

Post by groos » Fri, Mar 14, 2025, 10:15 PM UTC

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]

In cases such as mine, where I am no longer the citizen of any other country except the USA, what would revocation of naturalized citizenship mean?

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

#269

Post by Alupis » Fri, Mar 14, 2025, 10:17 PM UTC

gm678 wrote: post #260

Alupis wrote: post #255

Earlier quoted context omitted.

It's BS. Random tourists aren't being "disappeared for no good reason". A "tourist" that overstayed by 2 years without applying for a Visa and/or started working here are being deported back to their home nation - in accordance with the law. There's a tremendous amount of scaremongering, fearmongering, and misinformation being thrown about currently. Majority of it is very much over stated hyperbole.

> Canadian woman put in chains, detained by ICE after entering San Diego border > She said the officer refused to allow her to go back to Mexico and ordered her to be detained. She was kept in a cold room at the border by CBP before being arrested by ICE, who placed her at the Otay Mesa Detention Center. Mooney claimed in the middle of the night she, along with a group of 30 other women, was rounded up to get transfe…

If you believe that's the entire story - walked across the border was arrested - then I have a bridge to sell you...

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

#270

Post by text0404 » Fri, Mar 14, 2025, 10:20 PM UTC

derektank wrote: post #239

xrd wrote: post #107

Earlier quoted context omitted.

I'm reading this link and don't see that in the post. Is this the correct link? I do see in there a reference to Kymani James, so I did a search for him. I see that he posted incendiary comments online which he later recanted and were taken out of context when reported on. But, I don't see how your post indicates a connection to Mahmoud Khalil, and even if there was a connection, why this warrants detention and depor…

Perhaps you didn't read the subsequent tweets? Parts 2 and 3 follow the link I posted and clearly say what they believe. And I never said it warrants detention and deportation. I'm just pointing out that Khalil is affiliated with a group that supports Hamas, and that he does not merely "protest for Palestine". It's well attested in the media that Khalil was a negotiator for the group but I can link a source below. ht…

> I'm just pointing out that Khalil is affiliated with a group that supports Hamas

The article that you linked says he was a negotiator for Columbia pro-Palestine protestors. Painting them as supporters of Hamas is a tired tactic intended to silence anyone who doesn't support Israel's actions.