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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

#291
post #166

Hello! I do have concerns relating to the U.S. so I will put my questions out there. I know somebody who is a U.S. citizen, however they are originally from Perú. They have official citizenship meaning they went through the whole process and gotten those documents. Are they at risk of losing their citizenship and being deported with the current administration's standing on immigration?

> Are they at risk of losing their citizenship and being deported with the current administration's standing on immigration? No, they are not. I know this kind of thing is being circulated in social and traditional media. It is pure fear mongering and completely disconnected from reality. Stop listening to idiots trying to create FUD.

Oh well that's good to hear that they aren't at risk. But on that note, I suppose I shall further scrutinize my social media feeds, I might get off them for good.

Thank you good sir.

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

#292
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?

Well yeah, it's because canadian "founders" have a ripe reputation of working in the U.S. while on visitor visas...

If you are a Canadian citizen you don’t need a visa — due to the visa waiver program — for business purposes as long as your stay is less than 90 days.

You cannot be employed in the US under these conditions, but as a founder you are most likely doing things which are permitted:

* negotiating contracts * business meetings * board meetings * conferences * purchasing property in the US

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

#293

Earlier quoted context omitted.

She has not filed a green card application so she probably won't have an issue renewing her TN but if CBP or USCIS connects her to you, questions might be raised about her intent which could undermine her ability to renew her TN. So, yes, an H-4 EAD would be safer (unless the current administration kills this benefit).

We are married so are there steps we can take to decrease the chance of them "connect" her to me? Should we avoid crossing the border together?

I can't comment on that unfortunately.

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

#294
post #75

Earlier quoted context omitted.

There's no question that it's tougher now to get into the U.S., whether from Canada or another country via pre-clearance or via a land crossing, and there can be significant differences among airports and land crossings. Canadians are unique because they are visa exempt and CBP feels particularly emboldened to reassess their admissibility every time they enter. The keys are to avoid bad pre-clearance offices and land…

Could you give some examples of "bad" pre-clearance offices?

The one that I frequently hear of as a layman (not a lawyer) is Toronto Pearson Airport's Preclearance, which has a very strict and narrow view of the TN Status eligible occupations.

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

#295
post #166

Hello! I do have concerns relating to the U.S. so I will put my questions out there. I know somebody who is a U.S. citizen, however they are originally from Perú. They have official citizenship meaning they went through the whole process and gotten those documents. Are they at risk of losing their citizenship and being deported with the current administration's standing on immigration?

Really not at risk at all.

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

#298

Earlier quoted context omitted.

The German person you link to was attempting to enter the US to work as a tattoo artist which is not allowed under tourist visa programs. I actually think the law should be more flexible and this kind of casual work should be allowed. However the law as it currently stands doesn't allow it and they were "correctly" denied entry. The reason this person wasn't put on a "quick flight home" is because they (along with th…

These are at most trivial civil matters. The net effect is your talking about putting non criminals in detention facilities rife with human rights violations. As a hypothetical, if you can visit two countries and one offers the risk of indefinite detainment , which is roughly dependent on how behind the customs officials are on their quotas. Or another country that at most will just send you home, I think most will p…

What process would you design for handling people who are denied entry at a land port of entry?

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

#299

If you could make any 3 changes - unilaterally and instantly with no consequences - to US immigration policy today, what would they be?

Add thousands of immigration judges and CBP officers to improve the asylum process and improve the conditions of those going through the process, particularly children, do away with H-1B quotas, and do away with green card quotas and change to a point-based green card system.

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

#300

Hi Peter - why are international students on F-1 visa (not on OPT) being strongly recommended to not travel outside the US now? Is there a possible denial at the port of entry when returning? I for one am a F-1 student looking to travel to an academic conference abroad, but being advised to reconsider and stay back in the US by my DSO. I'm in the middle of my program, and my I-20 and visa are valid for another 3 year…

The concern is that USCIS is cancelling students F-1 status without the student being made aware of this because of some issue (prior arrests or convictions, political statements, etc.) but before you travel internationally, as an F-1 student, you will need to get a new I-20 endorsed for travel and when the school goes through the process of issuing a new I-20, it should see whether there is an issue and if there is…

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