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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

#141
My wife's I-485 was denied because of an overlooked J1 residency requirement. She has to spend 9 more months in her home country for the residency, and we're looking into waivers. We would prefer not to leave because my current employment requires me to be in the US. Her no objection waiver was denied and now we're trying an exceptional hardship waiver. What are alternatives? Is this a good route to take?

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

#142
My U.S. citizen father applied for a green card for me as his over-18-year-old child, and the process was moving forward. However, during the sponsorship documents submission phase, I got married and updated the marital status question accordingly. After that, the process was stopped. What happens now, and what can be done?

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

#144

Earlier quoted context omitted.

> (I’d like something to offer my conservative friends/family who increasingly think all immigration should be verboten.) Not proberts, but observing left wing media in the States over the last 8-10 years I've seen a carpet bombing of the same concept: eliding the difference between immigration and illegal immigration. If you want to talk to your conservative friends and family I'd start by checking whether or not it…

Oh yes it's just illegal immigrants that Republicans hate. That's why they spread lies about refugees and other legal immigrants, right?

The context was getting on with friends and family.

I understand you might not able to think in these terms when it comes to the hated enemy, but if you think of all people as people, even Republicans, then you might notice that they don't all think the same things. Or even that they don't hate illegal immigrants, but think that laws are a good idea and criminals should be punished, not rewarded. This is just understanding both sides 101, in case you do break out of this mindset.

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

#145
post #68

What are considered best practices for a German/EU citizen to start a startup in the US? What would be the process to found a company and to move to the US to work for your own company be like? Or would it be better to found it Germany and move it to the US at a later point (after PMF for example)?

There are multiple options to working for your own company in the U.S. The most common paths are the O-1, the L-1, and the E-2 and E-1 visa. Creating a company in Germany first might open up a path to an L-1 visa but that's the only relative advantage to opening a company in Germany first. The E-1 and the E-2 require that the U.S. company be at last 50% German owned and that there be a substantial investment of Germa…

Does this mean that if a German citizen registers a company in US and owns 100% of it and also invests $100k into it, he can get an E-2?

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

#146

Earlier quoted context omitted.

Oh yes it's just illegal immigrants that Republicans hate. That's why they spread lies about refugees and other legal immigrants, right?

The context was getting on with friends and family. I understand you might not able to think in these terms when it comes to the hated enemy, but if you think of all people as people, even Republicans, then you might notice that they don't all think the same things. Or even that they don't hate illegal immigrants, but think that laws are a good idea and criminals should be punished, not rewarded. This is just underst…

> if you think of all people as people, even Republicans

The OP didn't accuse Republicans of being non-people. They specifically made a -- true, incidentally -- factual claim:

> > That's why they spread lies about refugees and other legal immigrants, right

It is notable, though, that it is the Republican candidate that has very directly been using dehumanizing language. And you are here asking people to get into a both-sides argument. The situation isn't symmetric: the arguments shouldn't have to be.

> I understand you might not able to think in these terms when it comes to the hated enemy

Also notable it is that one specific candidate is using the term "enemy within" to describe US residents. It's not the Democrat.

> Or even that they don't hate illegal immigrants, but think that laws are a good idea and criminals should be punished, not rewarded.

Again, your statement has nothing to do with what you're responding to.

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

#147
Hi Peter, thank you for doing this. I'm a YC Founder, Ex-FAANG who applied for an O1 visa but got a "kitchen sink" RFE (i.e disputing all of my claimed* O1 qualifications). Is withdrawing and re-applying my O1 petition a good idea? Are there any known downsides to doing this? Thanks again!

Disputed qualifications include:

1. YC funding is not an "internationally recognized award"

2. YC membership is not "an association that requires outstanding achievement from its members"

3. Beneficiary's role (CTO) doesn't prove their critical role to the organisation.

4. Previous high renumeration is not evidence of high salary in the field as a whole. Nor is equity in YC company.

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

#148
I'm an Australian citizen running a bootstrapped startup (and would prefer to stay bootstrapped, but would raise if there was no other way of immigrating). What is the best way to immigrate to the US? I have a computer science degree from an Australian university.
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