Hacker News Board Hacker News, browsed like a classic message board
Live data from Hacker News

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

news.ycombinator.com

Post reply on HN
Print view View original

161–170 of 425 posts

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

#161

Post by TZubiri »

Hi, thanks for the AMA.

I'm a non-resident non-citizen, I remotely manage and am a majority owner of a Florida LLC, who sells to US businesses, and has an offshore workforce.

The advice I was given is that I can work remotely from outside the states, but when I travel for business purposes with a B1 visa, I can meet providers and clients to discuss contracts, but I can't perform onsite work NOR ONSITE WORK! So I have to depend on my employees to work from outside the US, if I were to turn on my laptop in my hotel to login to our systems and write code, I would be violating my B1 Visa.

Is this correct?

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

#162

Post by jmyeet »

jbn wrote: post #48

US citizen here. I have a special situation which I think will be only of interest to me... My wife (a green card holder) and I have moved abroad and her travel document is expiring soon (in July). We have no returned to the US in the past 3 years, and were not planning to visit only for the purpose of resetting the counter.. We are planning to actually fly into the US for a vacation right after the expiry date... wh…

Oh wow. Your wife is going to have to prove she hasn't abandoned her residency, which is normally automatic with a 2+ year absence (or even 1+ year without a re-entry permit). This will come down to establishing existing ties to the United States. Married to a US citizen helps but this doesn't mean you can stay abroad indefinitely either.

I hope she was filing US taxes while abroad. Every US citizen and LPR has to do this. Not doing so is more evidence of residency abandonment.

An obvious exception here is if you were sent internationally to work for your US employer on what is essentially a temporary assignment eg working for a US consulate in another country.

You have the option of just returning to the US before her green card expires. This will probably land her case in immigration court and you will need a laywer. Or you apply for re-entry at an embassy. You will also need a lawyer.

Get a lawyer.

If you do return and then leave again in relatively short order, you can probably kiss that green card goodbye, particularly if it's before your immigration court date. USCIS takes the view that green cards are for people who reside in the United States. The only form of "return when I want" status is citizenship.

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

#163

Post by pcl »

A friend is an ESTA holder. At a point of entry, an immigration officer verbally told her that she needs to leave the US within 1 month, even though her ESTA status allowed for a 3-month stay. (She had a return ticket 2 months from the date of entry.)

The immigration officer did not write any date (at all) on the stamp in her passport. The ESTA website lists her required departure as 2 months out.

Are there any other records where the immigration officer might have recorded his 1-month assertion?

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

#165

Post by abaymado »

Hi Peter, Thanks for taking question. I am currently seeking Asylum in the US, came here when I was 13 in 2011, I have yet to receive a court date. What are some option for me in terms of acquiring green card, if I was to withdraw my asylum and to apply to YC?

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

#166

Post by TZubiri »

TZubiri wrote: post #161

Hi, thanks for the AMA. I'm a non-resident non-citizen, I remotely manage and am a majority owner of a Florida LLC, who sells to US businesses, and has an offshore workforce. The advice I was given is that I can work remotely from outside the states, but when I travel for business purposes with a B1 visa, I can meet providers and clients to discuss contracts, but I can't perform onsite work NOR ONSITE WORK! So I have…

Hey, I worded this as specific to my situation. Would you like me to word this as a general question

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

#167

Post by zeroc8 »

jppope wrote: post #143

Why is everyone super interested in moving people from another country to the United States for work? It feels like in the Software world you should be able to work anywhere where there is internet. What advantages are there for someone to get a visa, and move to the United States aside from advantages to the company? (Full disclosure, my mom is an immigrant, moving to the US obviously made sense at the time.)

Because there are still a lot more opportunities to be found than anywhere else in the world, maybe with the exception of China. And who (from a western perspective) wants to live in China?

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

#168

Post by gumby »

jppope wrote: post #143

Why is everyone super interested in moving people from another country to the United States for work? It feels like in the Software world you should be able to work anywhere where there is internet. What advantages are there for someone to get a visa, and move to the United States aside from advantages to the company? (Full disclosure, my mom is an immigrant, moving to the US obviously made sense at the time.)

You’re reading an AMA in the us with a US immigration attorney of course the questions are about us immigration.

If you were in Germany or Australia or even Japan you’d find the web sites and newspapers full of articles about foreigners anting to move to those countries.

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

#170

Post by hoerzu »

Dear Peter, really appreciate your AMAs.

I'm from Europe and recently lost my ESTA due to the TSA searching my phone and making me admit I smoked a joint in California (not legal on a state level).

I'm over 50% owner of a C-Corp in Wyoming with a 200k investment and I have another full employment job that would sponsor me.

What visa should I approach? H1B lottery didn't work for the second time.

Post reply on HN