Hacker News Board Hacker News, browsed like a classic message board
Live data from Hacker News

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

news.ycombinator.com

Post reply on HN
Print view View original

41–50 of 486 posts

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

#41

Post by oldpersonintx »

jsbg wrote: post #36
galonk wrote: post #12

Maybe a dumb question, but... I'm a Canadian who would qualify for a TN visa if I worked in the States, but don't currently have a visa or green card. On the online submission form for job openings, it always asks "Are you legally entitled to work in the US?". Am I meant to answer yes or no to that?

Not a lawyer but have been working in the US on a TN status for multiple employers and I would answer yes and discuss further with the recruiter or hiring manager. TN status is conceivably something you could get without help from the employer (though even the smallest startup hired one to help me set up a package). What you need is basically proof that a company wants to hire you (offer letter), evidence that the co…

[dead]

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

#44

Post by __turbobrew__ »

neom wrote: post #10

There has been a bunch of chatter in Canadian founders whatsapp groups about people getting detained for long periods of time coming into the states either at SFO or pre-clear in Canada. Are you advising Canadians travel with any additional documentation these days?

Im a Canadian and go to the US for work fairly regularly. Something I didn’t realize is that the laws are different in preclearance areas. https://laws-lois.justice.gc.ca/eng/acts/P-19.32/FullText.ht...

For example, you are allowed to withdraw your application to enter the US and leave the preclearance area. Additionally you are bound by different laws for search and siezure.

At this point I am only going to the US through preclearance areas because you are still on Canadian soil and bound by Canadian laws. That doesn’t necessarily mean that USBP won’t break those laws, but the Canadian courts get to decide if laws were broken instead of the US courts.

One thing I have not found a straight answer on yet is if USBP can compel you to unlock your electronic devices in a preclearance area. My current strategy is if I am asked to do that in preclearance I will withdraw my application to enter because Im not letting anyone access to my phone.

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

#46

Post by lbrito »

miotintherain wrote: post #21

Hi Peter, thanks for doing this AMA. I am traveling to the US soon for work from Europe. I have been reading a lot of articles about detentions at US airports and phone checks. My mindset has always been to never give my personal phone for an inspection, but times has changed now and it has been happening a lot more frequently. I am wondering what is the best course of action, prior to travel and if asked to give you…

Given the very real risks involved, can't your employer waive the travel requirement for the next few years?

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

#47

Post by AndrzejNowak »

If an individual is transgender, not a US citizen, and has a passport with an updated gender marker (or X), can they still get a visa? Or is submitting an official document with "wrong information" enough for a refusal?

What about existing visas?

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

#48

Post by BeetleB »

miotintherain wrote: post #21

Hi Peter, thanks for doing this AMA. I am traveling to the US soon for work from Europe. I have been reading a lot of articles about detentions at US airports and phone checks. My mindset has always been to never give my personal phone for an inspection, but times has changed now and it has been happening a lot more frequently. I am wondering what is the best course of action, prior to travel and if asked to give you…

Not a lawer, but the ACLU has a page on this:

Short FAQ:

https://www.aclu.org/know-your-rights/what-do-when-encounter...

Dedicated article:

https://www.aclu.org/news/privacy-technology/can-border-agen...

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

#49

Post by silverslate7 »

Thanks, Peter! What's the most viable visa for European to-be founders looking to move to the US (without affiliation to any institution / accelerator)?

I've been considering (a) going on a M-1 or F-1 master's student visa while working remotely my non-US company or (b) applying for an E1 Treaty Investor Visa. Are there other routes I haven't considered, and are there any unclear watch-outs around these two routes?

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

#50

Post by tempfile »

hoseyor wrote: post #37
tempfile wrote: post #8

Is asking about Recurse Center on-topic? I wanted to apply, but I genuinely don't consider it safe to travel to the US. As far as I can tell there is no comparable bootcamp-style retreat in EU :(

Why go to the USA then? The world is big. Go somewhere you don’t feel unsafe about.

I'm not going to the US - that is the entire point of my comment.
Post reply on HN