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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

#172

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?

Why not just carry a burner phone or buy a blank one and restore it after customs from backup?

One of the latest tricks is that if you have social media accounts yet no social media apps or accounts are loaded on your phone, or your phone appears to be a burner phone, they'll ask you why you didn't bring your main, primary phone.

So your "burner phone" needs to be your primary phone, which is something that is hard to go back in time to fix.

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

#173

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 :)

You could say you use Y Combinator's news comment board.

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

#174
post #49

Earlier quoted context omitted.

CBP actually made me give them my facebook password when entering on a J1 visa in 2017, so I'm surprised to hear so much talk about this. Is it more that the practice of checking social media is more widespread now?

I think the only bit that surprises me is they don't have a back door into Facebook.

I would consider it extremely likely they have some kind of visibility into your data at Meta via Palantir.

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

#175
post #165

Earlier quoted context omitted.

That's hard to respond to other than to say that there are multiple visas that allow participation in accelerators and training programs.

That makes sense ... is there a typical path? Basically - are they right in thinking it's a high risk thing for them or should I encourage them to take a shot? My understanding is that their time spent on the company before YC accepts them is the biggest risk factor?

As a non-lawyer, it seems that you'd have to leave your company to join YC, meaning you'd forfeit your H1B visa.

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

#176

Earlier quoted context omitted.

They can not. Neither US Citizens or Green Card Holders can be denied entry. Sources: https://www.aclu.org/know-your-rights/what-do-when-encounter... https://www.aclunc.org/our-work/know-your-rights/know-your-r...

A country can not deny entry to its own citizens. They can immediately arrest you, however.

But not for not giving them access to your phone.

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

#177
post #165

Earlier quoted context omitted.

That's hard to respond to other than to say that there are multiple visas that allow participation in accelerators and training programs.

That makes sense ... is there a typical path? Basically - are they right in thinking it's a high risk thing for them or should I encourage them to take a shot? My understanding is that their time spent on the company before YC accepts them is the biggest risk factor?

No I don't think it's high risk at all because even if the path were something other than H-1B, they always could go back to H-1B.

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

#178

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?

Typically, a benefit once granted (unless improperly granted) can't be taken away.

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

#180
Hi Peter, I have a valid h1b visa stamp till 2027 but when my new employer filed for my H1B from outside the US I got an RFE for the 100k. The company lawyers are arguing against fee payment since I has a valid H1B visa stamp. What are my chances of denial?
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