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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

#51

Post by mc32 »

_alternator_ wrote: post #31
mc32 wrote: post #25

Earlier quoted context omitted.

Don’t you have to be guilty of a crime to be sent down there? For the vast majority of people who violate their visas, they simply get sent to their home country. If you’re willing to remain in your home country out of fear of US policies, it’s very likely your home country would take you back and not disown you.

While it’s not typical to be sent to CECOT in El Salvador, you don’t need to be “guilty” by the government’s position. They assert the right to send people down there based on allegations that have not been tested in any court.

If you come here legally and don't commit a crime, they won't send you down there. If you come here legally and commit a crime, you'll get sent back to your country of origin. People being sent down there came here illegally.

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

#53

Post by ahussain »

makestuff wrote: post #17

As someone who is a US Citizen, what is something about the immigration process that I probably do not know about, but causes a lot of issues/could be improved.

I have lots of examples:

* By law, the US can only issue 140,000 employment-based green cards per year, and no more than 7% to one country. This means people from India or China can face a 100+ year backlog, even after they have proved they qualify for a green card. There's no cap on marriage-based green cards.

* Processing times for many green cards (i.e. for people who have already qualified, but just need the physical green card), are 12-24 months.

* USCIS still expects many applications to be sent by mail. Some applications (like O-1s, EB-1s) require hundreds of pages of evidence, and it all needs to be printed out on 8.5x11" paper, for USCIS to scan it in on B+W scanners. This means that there is no error checking (e.g. on fee amounts), and if you have made a mistake, you might not know about it for weeks. Also, it means your petition cannot include working hyperlinks, webpages, or videos - the USCIS officer judges the petition by scrolling through a 400+ page PDF.

* The 'standard' post-graduate work visa is the H-1B. It's entirely lottery-based, not merit-based, and typically there are 400,000+ people competing for 85,000 visas. Many qualified people are forced to leave the US each year because they didn't get selected in the lottery.

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

#54

Post by AnotherGoodName »

proberts wrote: post #20
blackhaj7 wrote: post #11

Thanks for this Peter! I am on an L1-B and part way through the green card process via PERM Labour Cert (application was submitted in Jan) What are my options if I was laid off/company went under/perm cert rejected? How long are the Perm labor cert applications you are doing taking (from start till the green card being issued)?

Unfortunately, if you get laid off while in L-1B status before you are able to file an I-485 application, which is the last step in the green card process, you would need get no benefit from the PERM/green card process and would need to take an action within 60 days of the end of your employment to be able to remain in the U.S., by filing some type of application with USCIS. PERM processing is still really slow, over…

>before you are able to file an I-485 application

qq and i'm double checking what my own immigration lawyer has already told me just because i'm nervous on this point. Is filing the i-485 the point at which you can stay?

I've filed an i-485 via US spouse and waiting to hear back but the 60day period is looming and obviously nervous on this point.

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

#55

Post by ahussain »

atemerev wrote: post #29

Were there any changes in requirements for O visa recently? Did they remove the job offer requirement?

I'm pretty sure the job offer requirement is still in effect, and will remain in effect, since the O is an employment-based visa. What made you think it had changed?

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

#56

Post by david422 »

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…

I'm wondering if anyone uses burner phones. I have an old phone, and a second phone number that I got from Tello for $5 a month, intending to use it for a business number, but then never did. It's currently completely detached from anything personal and I figure if I do need to go over the border I could just use that still for any communication and internet access, but personal details would be at a very bare minimum.

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

#57

Post by twosid3dDice »

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…

Leave gadgets at home. Buy burners here. Access data remotely.

Wipe and dump burners before flight home.

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

#58

Post by fooker »

Are O1 visa applications getting significantly more scrutiny nowadays?

I comfortably qualify for one, based on the USCIS criteria, but my employer (big tech company, big law firm for immigration) wants to wait one more year for another H1B attempt before trying this.

Hence I am wondering if switching jobs could potentially help here.

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

#59

Post by KerrAvon »

__turbobrew__ wrote: post #44
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 t…

That’s only the Canada -> US leg, though. They can still grab your phone on the US -> Canada return trip, ne pas?
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