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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

Hey Peter! I’m considering a move to the US with my current employer in the near/far future. What’s the best way to do so if I want to keep the option of getting permanent residency open? I’m Australian so I’m qualified for an E-3 visa, but as I understand it, it’s only for non immigration intent so applying for any sort of permanent residency would be grounds for it to be revoked. (for context, company is a 1000+ he…

My experience on the credentials: You need a trusted 3rd party to certify that your degree is equivalent.

Your lawyer should be able to find the right certifier. e.g. https://www.naces.org

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

#112
Hi Peter,

I'm the CEO of my startup. It's based out of Canada. We're doing about $8K per month from our clients in the US (for the last 1.5 years).

I would like to move to the USA. Is the best option an E-1 visa (Treaty Traders Visa). E-2 Visa wouldn't work because I over $100K at risk in the US.

Would you recommend I search out for legal council and have them take care of the paperwork or is it straight forward enough where I can do it myself?

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

#113
Peter does a thread here every few months. So I want to share a cautionary tale about Immigration lawyers in general and Peter in particular.

I had extensive immigration experience in US, where I did many filings. Worked with many different immigration lawyers.

In that end with your immigration you are dealing less with the law aspects and more with the paperwork filling which is more clerical work.

Things that I realized:

There are three types of lawyers:

1. With big firms like Berry Appleman, Fragomen etc. Very conservative in their opinion. Will not be responsive. Have good portals to enter information to help with your application.

2. Single lawyer operation like Peter Roberts: Very aggressive. Will give advice not really inline with the law. Very disorganized so you will spend a lot of time filling documents. Will make many mistakes.

3. 4-5 lawyer firms: These are the best in my opinion. They will pay more attention, have more experience and have decent process.

Issues with immigration filings:

When things are clear and you keep getting approved - things are great.

However as soon as things get complicated and you get rejections - now it will have negative impact not only on your future filings in US but also other countries. Many countries ask in their immigration application if you ever get rejected in any Visa application. Five Eye countries share all the non immigration paperwork with each other.

Issues with Peter:

He was a mix of Snake oil salesman and Fly by night operator.

He would consistently give advice which was very hackish. That works when you are trying out ideas for your business, but can have major consequences when you are dealing with the government. His advice was not in the letter and spirit of the law. He completely messed up my otherwise stellar immigration situation. I later checked his advice with multiple immigration lawyers and every single one of them said that Peter was wrong!

But the worst thing was that as soon as my application was rejected, he stopped all communications with me. He wouldn't reply to my email and stopped returning my calls. I had to find some other lawyer to clear the mess. It hurt a lot more, because I was in a very vulnerable situation in my personal life and Peter knew that!

I also know others who have bad experience with him. People probably don't speak out due to fear and not wanting to rock the boat!

My advice to all founders: Be careful when you deal with immigration filings. Find someone competent and professional!

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

#115

Peter does a thread here every few months. So I want to share a cautionary tale about Immigration lawyers in general and Peter in particular. I had extensive immigration experience in US, where I did many filings. Worked with many different immigration lawyers. In that end with your immigration you are dealing less with the law aspects and more with the paperwork filling which is more clerical work. Things that I rea…

> Peter Roberts: Very aggressive. Will give advice not really inline with the law.

Wow that seems like an extraordinarily strong and serious professional accusation to make.

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

#116
Hi Peter, would you say getting funded by HN or another reputable investor is basically a guarantee for a "parole" under the EIPP, or is it too early to tell?

With the paragraph about spouses, do they mean that the spouse would have to show merit as in able to hold a good job in the US, or work for the same business? If the spouse can not demonstrate merit are they just not allowed to work or are they not allowed to stay in the US?

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

#117

Hi Peter - thank you for this! I am from Mexico and working on STEM OPT on an expired F1 (can't travel), lost H1B lottery two years in a row now. Are there good reasons for Mexicans on STEM OPT who intend to get a GC to keep entering H1B lottery, instead of getting a TN visa and attempting change of status? Are there other avenues? Thank you!

There's a pervasive misunderstanding that someone in TN status cannot pursue a green card and must be in H-1B status to do. This is just not true.

You can technically apply for a green card but border guards can and do use it as evidence that you don’t intend to stay “temporarily” and deny your TN as a result.

They can reevaluate your TN status at every crossing, and there are many stories of this happening to people returning from holiday when I was at microsoft. The TN is efficient to get but has its downsides.

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

#119

Peter does a thread here every few months. So I want to share a cautionary tale about Immigration lawyers in general and Peter in particular. I had extensive immigration experience in US, where I did many filings. Worked with many different immigration lawyers. In that end with your immigration you are dealing less with the law aspects and more with the paperwork filling which is more clerical work. Things that I rea…

So all single-lawyer operations “will make many mistakes”? Seems like a broad accusation
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