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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

#111

Hi Peter, thanks for the AMA! I work for an American company and I am based in Europe. I visit the US for work every now and then. I heard a lot of horror stories regarding border entries. If I am ever in a situation where the border police asks for access to my personal phone and pin code, what are my options? Can I refuse and what happens then?

You are within your rights to say no but if you say no, almost certainly CBP will assume that you are hiding something and deny you admission.

Can they deny you admission when you are a US citizen?

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

#112

Hi Peter, let's play hypotheticals. USMCA (CUSMA) is dead, Trump actually acted on his threat and the US left the treaty. I assume it means TN visas are dead in six months if the written notice clause is respected. Is the zombie CUSFTA now out of dormancy? Can we now use the TC visa? If CUSFTA dies as well, what are the other options and how long does it take to process?

If this happened would existing TNs still be valid till their end date?

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

#113

In October, the state department introduced a new policy: > Applicants for U.S. nonimmigrant visas (NIV) should schedule their visa interview appointments at the U.S. Embassy or Consulate in their country of nationality or residence > Applicants must be able to demonstrate residence in the country where they are applying, if the place of application is based on their residency. What sort of proof is required to demon…

There's a lot of uncertainty here and the outcome will depend in part on the interpretation by the particular Consulate but my general understanding is that applying in a country where you hold permanent status but where you are not currently living would be risky.

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

#114

Have you handled cases/seen outcomes of self employed founders' H1B applications under the new rule?

Yes. The forms only require disclosure of ownership if it is above 50% so this has made it much easier for international founders (with cofounders) to obtain H-1B status. The challenge comes when ownership exceeds 50%.

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

#115

Earlier quoted context omitted.

If one didn’t have an account with meta they just wouldn’t get the visa then or how does it work? Does the government have any direct link to meta re what accounts people actually have. I’m surprised people aren’t up in arms about this, I guess it affects mostly visitors and immigrants but the fact that the government needs to see your activity on a private company’s web app is wild to me.

"I don't use social media" is probably a good answer, it just has to be true. If they ask you "well, do you use any social media?" You'd presumably have to answer with HN, which maybe doesn't sound all that great :)

HN isn't social media, any more than a bus is a car.

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

#116
post #73

Are you noticing any contraction (or increase) of immigration?

Early on in this administration, yes, but now, it seems as busy as ever although this latest suspension of immigration processes for those from 19 countries has definitely sent a chill.

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

#117
post #92

Earlier quoted context omitted.

[flagged]

Foreign countries have no obligation to admit you within their borders. There’s many points you could make about the United States and immigration, but I don’t think this is one of them.

[flagged]

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

#118

Earlier quoted context omitted.

You are within your rights to say no but if you say no, almost certainly CBP will assume that you are hiding something and deny you admission.

[flagged]

There is a solution to this. You can become a US citizen.
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