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

news.ycombinator.com

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

#81

Post by xmprt »

dalyons wrote: post #67
bc569a80a344f9c wrote: post #41

Earlier quoted context omitted.

It’s a legal requirement to carry your green card with you at all times. INA 264(e) has required this for as long as I’ve been in the US (which is since 2004). To be more specific: >> (e) Every alien, eighteen years of age and over, shall at all times carry with him and have in his personal possession any certificate of alien registration or alien registration receipt card issued to him pursuant to subsection (d). An…

Personally I don’t carry my GC, because I’m far more likely to lose it than for anyone to ever ask for it. And it’s kind of a nightmare to replace, takes awhile and you can’t travel. To put it another way, the $100 fine is less expensive to me than the consequences of losing it.

They can also put you in jail for up to 30 days if they're feeling like it. Seems crazy to me but also perfectly legal for them to do.

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

#82

Post by [deleted] »

loteck wrote: post #73

Hi Peter - do you have any specific thoughts for people posting about immigration scenarios here, to help keep themselves safe? Given that it was recently revealed that ICE is monitoring these comments.[0][1] [0] https://www.404media.co/the-200-sites-an-ice-surveillance-co... [1] https://docs.google.com/spreadsheets/d/1VyAaJaWCutyJyMiTXuDH...

[deleted]

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

#83

Post by mertleee »

lazzurs wrote: post #9

What sort of people get O-1 visas? I assume it is people with multiple degrees and have decades of experience in a specific field? I am good at what I do, have done public speaking at major conferences on what I do but no degree and so assume that i've no chance of ever getting into the USA. Currently a UK citizen living in Ireland.

It's beyond a joke. Recently spent some time at an accelerator and the partners of the VC firm were very open about purchasing "fake" research or presenting investments as if they were from more than one "investor".

I still fail to understand how Dwarkesh Patel managed to "self-sponsor" an O-1 with a... tech podcast...

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

#86

Post by mertleee »

aliljet wrote: post #24

What is the likelihood today that Trump and his allies in Congress may improve the ability for H1B holders to obtain green cards? This was repeatedly raised during his campaign and his first weeks in office and it sounded like this was going to be a thing....

Given the newly (as of yesterday) appointed chief of USCIS was just confirmed and has a marked history of strong opinions against OPT in it's entirety and H1B - I'd assume it's not looking good haha.

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

#87

Post by anu7df »

testfrequency wrote: post #64
proberts wrote: post #56

Earlier quoted context omitted.

There's no requirement that a green card holder spend 6 months in the U.S. during the year. You and your wife can and should travel freely. And you could live outside the U.S. for several years and still keep your green card. If you decide to move to Portugal for a period of time, for example, you should consult an attorney but the solution to protect your green card status (for at least 5 years) is to get a document…

I’ll spare a new thread and just ask here as we are in the same situation (sorry OP!). My understanding is we at least need to be in the US once every six months in order for my partner to maintain their green card status while we live abroad. We were not aware of the reentry permit, does this avoid the requirements of needing to enter the country periodically? We are of course concerned about losing their green card…

Re-entry permit is granted for 2 years and the only requirement is that you apply for it while in country. Usual processing time nowadays is around a year so in effect you need to apply once every 3 years for it. They have the option of sending it to a us embassy abroad for pick up but we have always had it sent to a friends address in US and picked it up while visiting US.

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

#88

Post by TechDebtDevin »

loteck wrote: post #73

Hi Peter - do you have any specific thoughts for people posting about immigration scenarios here, to help keep themselves safe? Given that it was recently revealed that ICE is monitoring these comments.[0][1] [0] https://www.404media.co/the-200-sites-an-ice-surveillance-co... [1] https://docs.google.com/spreadsheets/d/1VyAaJaWCutyJyMiTXuDH...

Why are they monitoring Zillow...

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

#89

Post by mertleee »

kappi wrote: post #45

why is ycombinator promoting immigration thru H1B when so many US born CS grads are finding it hard to get job. In 2023, American colleges graduated 134,153 citizens or green card holders with bachelor's or master's degrees in computer science. That same year, our federal government handed out work permits to at least 110,098 foreign workers in computer occupations through just three major guest worker programs. That…

It's disgusting.

Many VC firms outside of YC flagrantly promote what is basically fraud. There are literally YC companies that provide pseudo visa fraud as a service.

Following the law and having respect for the immigration system is simply seen as an "inconvenient challenge" to these people.

I myself am a person of color, but in the cohort I was in (of 30) maybe three individuals were native born Americans of any race. The rest were exclusively Canadian immigrants largely from India and China (not actually born in Canada). It's also quite common in the US for people to work on visitor VISA's while applying for O1s.

To name a few...

https://extraordinary.com/ (promulgated by https://x.com/0xsigil?lang=en)

https://www.ycombinator.com/companies/gale

https://www.deel.com/paid-lp/immigration/

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

#90

Post by TechDebtDevin »

smsm42 wrote: post #63
bc569a80a344f9c wrote: post #41

Earlier quoted context omitted.

It’s a legal requirement to carry your green card with you at all times. INA 264(e) has required this for as long as I’ve been in the US (which is since 2004). To be more specific: >> (e) Every alien, eighteen years of age and over, shall at all times carry with him and have in his personal possession any certificate of alien registration or alien registration receipt card issued to him pursuant to subsection (d). An…

Many don't do this because they don't feel the need. I've spent about a decade in the US as a green card holder, and the only cases I ever been asked for it is either crossing the border or being hired. And I never heard about anyone being fined (let alone going to prison) for failure to carry the green card on them. Yes, the law says that, but I don't think anybody paid much attention to that, at least until now.

You act as if the last 6 months are a continuation of the the last 9.5 years, and there is some status quo that hasn't changed. Maybe for an affluent SWE in his Tesla, but this isn't the case for many on their way to work in a construction work van.
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