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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

#451

Post by gcr »

proberts wrote: post #146
AndrzejNowak wrote: post #47

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?

The short answer is Yes, this individual can still get a U.S. visa. But I'd still recommend that this person speak with an attorney before applying for a visa or traveling to the U.S.

I was under the impression that guidance from the state department allows border agents to deny visas to visitors whose “apparent sex differs from sex at birth.” Moreover, “misrepresenting sex” (whatever that means) could be grounds for permanent refusal of entry, by this guidance.

Are you saying this is no longer the case?

See https://www.erininthemorning.com/p/marco-rubio-may-have-just...

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

#452

Post by pimeys »

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…

Yeah, this worries me a lot. I have a quite tricky Type 1 diabetes, which I can manage well with an artificial pancreas software that's running in my phone. Now if they tamper my phone, or take it completely away when crossing the border, I am in quite a trouble. Especially after a big change in time zones, the health apps really do their job and help me settle in without medial risks in a few days.

This is such a risk right now, that me and my American partner decided to not travel to US at all until things change. Too bad we cannot see some of the family in there...

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

#453

Post by gcr »

kedihacker wrote: post #445

If I forge birth documents, will I get caught?

Perhaps a different way to look at this is: what are possible future consequences of forging birth documents?

My guess is that these consequences are likely to be extremely disruptive to you

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

#455

Post by joshdavham »

erehweb wrote: post #416
joshdavham wrote: post #342

Earlier quoted context omitted.

Thanks Peter for your answer. I’ll be sure to apply this advice going forward. With that being said, from seeing the replies to my original question, would you mind expanding on your answer a little more? I’m sure many of the other commenters in this thread would appreciate some more clarity here.

Peter already replied to this elsewhere in the thread. To a question "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?" Peter replies: "Unfortunately, the correct answe…

Thanks! That definitely answers question 1) a little better.

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

#456

Post by hermannj314 »

I_am_tiberius wrote: post #412
proberts wrote: post #146

Earlier quoted context omitted.

The short answer is Yes, this individual can still get a U.S. visa. But I'd still recommend that this person speak with an attorney before applying for a visa or traveling to the U.S.

Do you find it normal that you have to recommend a person to speak with an attorney before traveling to a country?

I got a work visa to live in Luxembourg and a visa to work in India and in neither case did I consult with a lawyer, the process was well documented and easy to do.

It is a sign a deeply adversarial country if you send the signal you need legal consultation to work or live there.

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

#457

Post by dustbunny »

proberts wrote: post #429
dustbunny wrote: post #386

I'm a Canadian moving to the US under TN status. Im looking for tax advice on what to do with my TFSAs and my American income, planning on returning to Canada in a few years. I've struggled to find an accountant who seems to really know what they're talking about. Any tips? Also, the moving company wants me to get a visa before they book my movers, but the TN status thing happens at the port of entry. Can I get the T…

Regarding a tax accountant, email me and I can refer you a few good ones. Regarding the TN, the employer could file a petition with USCIS and then you could present the approval notice to the moving company but this process takes longer and is a lot more expenses (and also riskier from an outcome standpoint, depending on the position and your education) than the other path, applying at a port of entry. There's no lon…

They are doing the petition at USCIS route... Hope it works out.. already sold my house

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

#458

Post by returningfory2 »

dudefeliciano wrote: post #424
returningfory2 wrote: post #298

Earlier quoted context omitted.

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

how about denying them entry, and turning them back to the country they were entring from (Mexico in your example), so that they can fly back home from there?

That sounds reasonable, though I’ve read online that Mexico generally refuses to take them back.

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

#459

Post by pakigrapeparty »

protocolture wrote: post #377
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…

As early as the last Trump presidency I was seeing people with good opsec doing the following. 1. Backup your device to the cloud (a different cloud than the default if possible) 2. Erase your device 3. Provide your empty / near empty device for inspection. 4. Load the backup after the airport checks. It might be wise to update this with some basic changes, like creating fake accounts that are auto signed in on your…

[dead]

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

#460

Post by argo_cve »

proberts wrote: post #421
argo_cve wrote: post #225

Hi Peter. I am a Lead Computer Vision Engineer, working remotely at Veryfi (YC 17). I am a citizen of Russia, living in Armenia for last 3 years. We applied to O1 visa, got approval from the USCIS, then got visa stamps and at the day of my flight visas were revoked. Embassy said to reapply - I did and now it's been 11 months of Administrative processing (as they said in the DoS). My employer tried writing to the Cong…

If you want to try to take control back over this process (and your life), you probably need to file a mandamus action. This is essentially a demand that a government official execute his or her official duties. I don't handle mandamus actions but I'd be happy to refer you to some very good attorneys who do.

Thank you. Yes, I would appreciate any referrals you can share.
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