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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

#121

Post by neom »

proberts wrote: post #119
neom wrote: post #88

Earlier quoted context omitted.

I was thinking just for folks going down regularly on a B1, do you think it's worth having a copy of your lease or rental agreement in Canada or something similar? It seems most of the stuff I was seeing is about Canadians establishing roots using a B1.

The concerns on the part of CBP when someone is seeking admission as a B-1 business visitor are the appropriateness of the applicant's proposed activities and the applicant's ties to home/intent to return home (Canada). So you want to keep in your back pocket documents that address these concerns, such as a foreign lease agreement, foreign pay statement, and evidence of the purpose, such as a printout of the conferen…

Thank you Peter - always appreciate you give time to HN.

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

#122

Post by sjsdaiuasgdia »

mc32 wrote: post #86
sjsdaiuasgdia wrote: post #73

Earlier quoted context omitted.

If we discard rule of law and due process for anyone, it is threatened for everyone . They're defying courts, they're not following the law. This does not end well for anyone, at all. It is incredibly dangerous territory.

If you you are illegally in just about any country, being there without authorization is basis for deportation. No one is being denied due process. Moreover, you can be denied entry at ports of entry to any country for any reason by customs officials -even with a valid visa. They do not need to offer "due process."

Mr. Abrego Garcia was declared by a court to not be deportable to El Salvador, yet he was.

That is not due process.

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

#123

Post by sgallant »

proberts wrote: post #119
neom wrote: post #88

Earlier quoted context omitted.

I was thinking just for folks going down regularly on a B1, do you think it's worth having a copy of your lease or rental agreement in Canada or something similar? It seems most of the stuff I was seeing is about Canadians establishing roots using a B1.

The concerns on the part of CBP when someone is seeking admission as a B-1 business visitor are the appropriateness of the applicant's proposed activities and the applicant's ties to home/intent to return home (Canada). So you want to keep in your back pocket documents that address these concerns, such as a foreign lease agreement, foreign pay statement, and evidence of the purpose, such as a printout of the conferen…

What if you're going to the US to participate in YC? Would a B-1 visa be valid?

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

#124

Post by dyauspitr »

noodlesUK wrote: post #33

Thanks for doing the AMA! I'm a US citizen born abroad - I got my citizenship via (I believe) INA 320 when I was a child. I have a US-born father who was not eligible to pass on his citizenship at the time of my birth. I lived in the US for most of my childhood up until ~2015 (initially as an LPR), and at some point, I obtained a US passport. I don't have a certificate of citizenship, only a US passport. Given the wa…

What do you mean by a US born father not eligible to pass on his citizenship?

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

#125

Post by joshdavham »

I'm a Canadian software developer who'd like to join an American startup so naturally I've been applying to a bunch of jobs. More specifically, I'm looking to go with TN visa.

In most job applications, I need to answer the two following questions 1) Are you legally authorized to work in the US? and 2) Will you now or in the future require sponsorship? I'm looking for advice on how I should be answering these questions.

For example, I believe I should technically be answering NO to 1) and YES to 2), but I'm slightly unsure about this.

I've heard recently that some Canadians actually recommend answering YES to 1) as getting a TN visa is very simple and not too much harder than just hiring an American. The idea is that when you answer NO to 1) that recruiters (and especially startups who are often more naive about visas) will lump you in as being hard to hire like immigrants who come to the US on the H1B and then filter out your application.

As for question 2), because the TN is a "Nonimmigrant" visa, does this technically mean I can answer NO here?

Basically in summary, how would you recommend I answer these questions? I don't want my applications to get auto filtered, but I'd also like to be as honest as possible.

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

#126

Post by focusgroup0 »

Have a friend who quit his job and overstayed his TN visa during The Pandemic. After going back to Canada for visiting family, his next visit to the US was denied at CBP, and he was given a 10 year entry ban with option to appeal at a facility across the river from Buffalo, NY. What are his options? Is this situation fixable with a new work visa?

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

#127

Post by gopher_space »

proberts wrote: post #6
pctTCRZ52y wrote: post #3

Are the current policies in the US making it noticeably more difficult for you to secure work visas for your clients?

Not yet. The main changes that we're seeing are with CBP at the ports of entry. CBP is being much more aggressive in questioning those seeking admission, including searching electronic devices and even detaining applicants. But nearly all our filings are still getting approved.

I've been through customs all over the world for the past forty years, and US customs are some of the worst human beings I've ever encountered. Why is that function such a shit show?

Very familiar with the need for LEO dumping grounds, especially at the federal level, so that's been my working assumption but I've never asked.

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

#128

Post by bubblethink »

fooker wrote: post #58

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.

O1 is an inferior visa, so they are right that you should be trying for H1B before going for an O1. I'm assuming that you are on OPT or some other visa category. There is likely no advantage to getting an O1 in your current situation.

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

#129

Post by mandeepj »

BeetleB wrote: post #48
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...

from [1]:

> Refusal to do so might lead to delay, additional questioning, and/or officers seizing your device for further inspection.

Then, there's no point in denying device search?

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

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

#130

Post by 999900000999 »

Are you seeing a downturn in people trying to come here for work. It's a shame, but I don't think any rational person should try to come here to study or work right now.

Gone are the days of attending a community college and dating girls from Korea and Japan.

And I can't blame anyone for not wasting to be destined indefinitely for trivial reasons.

https://www.theguardian.com/us-news/2025/apr/05/i-was-a-brit...

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