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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

#261

Post by shrubble »

proberts wrote: post #114
dcreater wrote: post #57

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%.

If the company has 3 founders with equal ownership, it would not have to be disclosed? Is there a requirement that one founder be in the USA and be either a citizen or green card holder?

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

#262

Post by rayiner »

delfinom wrote: post #258
rayiner wrote: post #192

Earlier quoted context omitted.

That’s misinformation. They’re being arrested because they were in the country illegally, usually overstaying a visa: https://www.newsnationnow.com/us-news/immigration/green-card... They have a green card interview because they married an American. But you can’t get an adjustment of status if you are in violation of your current visa terms.

>But you can’t get an adjustment of status if you are in violation of your current visa terms. This is both right and wrong. Congress passed a law ages ago that grants forgiveness to overstaying spouses once the greencard is issued. The AOS process is allowed. The hole however is the AOS does not extend your authorized stay if you were out of status when it was filed. So this leaves one vulnerable to the ICE arrests.…

The relevant provisions are subsections (a), (c), and (e) of 8 USC 1255: https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim...

Subsection (a) allows the “Attorney General, in his discretion” to grant an adjustment of status.

Subsection (c) categorically denies adjustment of status under certain conditions, including where someone has violated the terms of their visa. This takes away the Attorney General’s discretion to grant an adjustment. The adjustment must be denied.

Subsection (e) then makes subsection (c) inapplicable where the immigrant enters into a bona fide marriage during a legal proceeding regarding their immigrant status. It’s not correct to call this a “forgiveness,” because it doesn’t guarantee you any sort of legal status. Instead, it takes away what would otherwise be a categorical bar against an adjustment of status. That puts you back under subsection (a), where the decision is made by the “Attorney General, in his discretion.” The law says the Attorney can grant you the adjustment of status, not that he must. Under the law, the Attorney General can still categorically deny any adjustments under those circumstances.

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

#263

Post by USMCAThrowAway »

rayiner wrote: post #259
kdazzle wrote: post #248

Earlier quoted context omitted.

I havent been through the US process in a while, but usually that is allowed if your application is processing. You just can’t leave the country.

No, if your visa expires you need to maintain your legal status while a PERM application is pending: https://www.alllaw.com/articles/nolo/us-immigration/maintain... (“This is especially important if and when you are waiting to apply for lawful permanent residence, commonly called a ‘green card.’ If you are in the United States without any immigration status, you are considered to be here illegally, and U.S. Citizensh…

> What’s happening here is that these people were here on tourist visas or completely illegally. Then at some point they married a U.S. citizen and filed a PERM application.

There's no PERM process in family based adjustment of status. You're confusing FB AOS with EB AOS.

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

#264

Post by USMCAThrowAway »

delfinom wrote: post #258
rayiner wrote: post #192

Earlier quoted context omitted.

That’s misinformation. They’re being arrested because they were in the country illegally, usually overstaying a visa: https://www.newsnationnow.com/us-news/immigration/green-card... They have a green card interview because they married an American. But you can’t get an adjustment of status if you are in violation of your current visa terms.

>But you can’t get an adjustment of status if you are in violation of your current visa terms. This is both right and wrong. Congress passed a law ages ago that grants forgiveness to overstaying spouses once the greencard is issued. The AOS process is allowed. The hole however is the AOS does not extend your authorized stay if you were out of status when it was filed. So this leaves one vulnerable to the ICE arrests.…

Exactly. Unauthorized work is also forgiven.

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

#266

Post by fsckboy »

stevenwoo wrote: post #38
miotintherain wrote: post #11

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?

Border Patrol can wait longer than you want to wait at the airport, you should not bring your personal phone if you don't want them going through all the contents, they can hold your device for an inconvenient amount of time if you are an American citizen. If you say no and are not an American citizen you can be denied entry at the airport and sent home.

>you should not bring your personal phone if you don't want them going through all the contents

isn't the right move here: wipe your phone, travel to destination, then restore from cloud backup? in the middle, you can let them inspect your wiped phone.

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

#267

Post by mizzao »

proberts wrote: post #201
onetimeusename wrote: post #190

Is there a way for someone on h1B to start a company in a roundabout way by doing something like placing company shares into a trust and having a unpaid board seat? Is that pushing luck? Not for me but a friend who I had plans to go into business with but we're facing a chicken or egg problem until she gets a green card or changes her visa status.

There are ways for someone in H-1B status to start a company and not in a roundabout way. The approach will depend in part on whether she will leave her current employer and get an H-1B through her startup, stay with her current employment and get a concurrent part-time H-1B through her startup, or just stay with her current employer and somehow work on her startup.

If she is issued equity (reverse vesting restricted stock) and not paid a salary, does she still need work authorization for the startup?

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

#268

Post by lopmkoihl »

tempfile wrote: post #160
mpweiher wrote: post #156

Earlier quoted context omitted.

Yes, "no obligation to admit" means they don't have any obligation whatsoever, and that includes doing so for any reason they see fit and not having to disclose those reasons (if any) to you. It is exactly the same as "I don't have to let you in".

No, it isn't. For example, I do not have an obligation to let people into my house. I can choose to let them in or decline them entry. But there are certain preconditions I cannot apply. I cannot, for example, say "you may come into my house only if you murder my neighbour". That's because I'm legally bound not to induce people to commit murder. It would obviously be disingenuous to say this means I have an "obligati…

This is not some debate competition where you try and come up with useless analogies to try and win the contest.

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

#269

Post by fantod »

proberts wrote: post #187
jacobmartinez3d wrote: post #183

I am a native citizen currently watching my first child grow up without me while my wife waits in line for her nearly 2-year-long immigration process. Every attempt to expedite her processing has been denied, even during Typhoons where she loses power and access to hospitals. I feel forgotten, and cast aside by the system - like my family situation is inconsequential and undeserving. Is there really nothing native ci…

That doesn't make any sense. I'd need to know all the facts to advise. Please send me an email to schedule a call (proberts@robertsimmigration.com). Which Consulate is she applying through?

Isn't 1-2 year wait time standard for spousal immigration?

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

#270

Post by h99 »

Hi Peter, founder of a YC startup here. My startup got acquired and I now have a new O1 visa but in my indian passport I still have the old O1 visa stamped. I’ve now traveled internationally. Can I enter the US with my old visa? Asking because the waiting times to get the new visa stamped are ridiculously long. Thank you for your time!
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