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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

#171
I have a Ukrainian refugee family under TPS, approved through 2027, staying in my guest house in Texas. There are rumors that the Trump administration will revoke the status of TPS peoples in the next month or two.

If this happens, my understanding is that this will immediately turn them into illegal aliens, subject to deportation.

Is my vague understanding true? Is there anything I can do to help them? I don't mind participating some civil disobedience if it means allowing them to stay in the country longer. Should I gate up my property? Any advice is appreciated.

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

#173

Earlier quoted context omitted.

She crossed overland. Imagine you do pre-clearance out of a Canadian airport. Can they kidnap you out of country and ship you to a US detention center?

Canadians may be often unprepared and shocked how aggressive and militarized the southern border is, compared to crossing at northern border land entry points.

It cuts both ways. Many American friends have told me that they were treated aggressively at the Canadian border as well.

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

#174

Earlier quoted context omitted.

Canadians may be often unprepared and shocked how aggressive and militarized the southern border is, compared to crossing at northern border land entry points.

I rarely find the pre-clearance process to be all that nice when compared to internal clearance. When I traveled a lot to NYC I far preferred to fly out of Toronto island and do immigration at Newark vs flying out of Pearson. The tone was entirely different. I personally am not sure that pre-clearance should even continue given current diplomatic tensions. Having an armed foreign police force from a country whose off…

US airports love Canada pre-clearance because it allows them to assign planes to any gate. Might be an easy way to gum up the works as retribution.

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

#175

Earlier quoted context omitted.

This is easy to say when it's someone you like, not so much when it's someone you don't. Do you also think a foreigner should be allowed to openly advocate for Nazism while on a green card, without consequence?

There is actually a law that prohibits advocacy of nazis while on a green card.

Nothing prohibiting advocacy of nazis, from what I can tell, it's for affiliation with nazis. And its an entry/approval requirement, and there is a big difference though between entry/approval requirements and ongoing obligations. The government can deny entry/approval for a myriad of reasons related to unfavorable speech, but they can't infringe on the legal speech of a green card holder.

Regardless, the prohibition for entry/approval is against people who were associated with the nazi party or nazi-allied parties between 1933 and 1945, which is basically obsolete already. Anybody for whom that prohibition applies would be 98+ years old now.

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

#176

Hi Peter, thanks for doing this over the years, when going through my own immigration journey reading through your past AMAs was a huge help. For reference, I'm a Canadian who just moved to the US on a TN Visa and I've got a few questions: - What would you say the percentage likelihood range is that the TN Visa is no longer an option for Software Engineers in 3 years time. - With the news of USMCA talks reopening, is…

I would never have thought that the TN would be at risk but if relations between the U.S. and Canada continue down the path that we're on, then I don't think it's out of the realm of possibility. I'm not sure how long it would take for the U.S. to get out of the free trade agreement but if the U.S. were so motivated, it effectively could kill the TN very quickly, even if just by policy and practice. So yes, if you can, it probably makes sense to start looking at options to get off the TN, such as the H-1B (but subject to the annual lottery), the O-1, and the E-2.

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

#177
post #166

Earlier quoted context omitted.

Could you show me where in those rules it says that you're not allowed to support Palestine? Or possibly somewhere in the rules where you forfeit your right to free speech?

[flagged]

January 6th protesters were all arrested with valid warrants and received full due process (until they were all pardoned).

Mahmoud Khalil was arrested solely on the discretion of Marco Rubio (the arresting agents thought they were revoking his visa when he is in fact a green card holder), he has not been criminally charged, he was been provided with little to no contact with his lawyers, as far as I've read he lead protests but there is no evidence he has provided material support to Hamas.

Comparing his situation to the January 6th protestors is the "falsest" of false equivalences.

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

#178

Earlier quoted context omitted.

Green cards come with rules to keep. If you break those rules you can and probably will lose your green card and be deported.

Could you show me where in those rules it says that you're not allowed to support Palestine? Or possibly somewhere in the rules where you forfeit your right to free speech?

Green card holders can have their GC stripped for committing crimes. If free speech becomes a crime then the GC is at risk.

Note - I don't agree with it but I think this is the logic the current administration is using.

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

#179

Earlier quoted context omitted.

There's ample legal precedent in the federal system that a green card holder is a "US Person" for many things related to the federal government. For instance, a green card holder can form a corporation, own an FFL, register it with the ATF, become an FFL 02/07 (firearms manufacturer), and even become a SOT (special occupational taxpayer), to manufacture, buy and sell NFA items (silencers). The corporation owned by th…

[flagged]

You are absolutely incorrect.

Show me the law that says only citizens can own NFA items - there is no special regulation in the gun control act of 1934 which specifies permanent residents or citizens. If you can buy a regular 4473 FFL item (any serialized firearm post-1968) and silencers are legal in your state, a permanent resident can buy a silencer, most typically on an eForm4 from a local dealer.

Similarly, a permanent resident can buy an NFA item, short barrel rifle (SBR, sub 16" barrel, rifled barrel, serialized firearm) on an eform4 from their local dealer, as long as the category of SBR is legal in their state of residence. A permanent resident in a state with few or no firearm restrictions such as Idaho could buy an AR-15 or AK/AKM semiauto action based based SBR. If the permanent resident is in a state with restrictive new assault weapon laws, such as WA, they could still buy an SBR, but it has to meet the other requirements of their state of not being a state-prohibited assault weapon (such as a 10 inch barreled bolt action chambered in 8.6 blackout, as bolt and lever actions are exempted from the recent WA state assault weapons ban)

That same theoretical permanent resident can even own what's casually called a double stamp item, two NFA items attached together, such as putting a silencer on an SBR, if they have enough money to buy both, pay the $400 total in NFA item tax stamps, and pay their local FFL SOT dealer for the transfer. Exactly the same financial cost to them as for a US citizen.

If you buy it online, it will go on an eform3 shipped from the originating vendor/manufacturer/dealer to the inventory and books of your local FFL SOT, and then an eform4 to you.

https://www.atf.gov/firearms/docs/undefined/atf-national-fir...

https://www.atf.gov/firearms/docs/form/form-4-application-ta...

You can see the "paper" version of the ATF form 4 there.

An alien admitted to the united states under a nonimmigrant class visa generally may not purchase firearms (except under certain exemptions) or NFA items. A permanent resident is an immigrant class status.

Quoting the ATF form 4:

Alien Admitted to the United States Under a Nonimmigrant Visa. An alien admitted to the United States under a nonimmigrant visa includes, among others, persons visiting the United States temporarily for business or pleasure, persons studying in the United States who maintain a residence abroad, and certain temporary foreign workers. These aliens must answer “yes” to question 16.d.1 and provide the additional documentation required under question 16.d.2. Permanent resident aliens and aliens legally admitted to the United States pursuant either the Visa Waiver Program or to regulations otherwise exempting them from visa requirements may answer “no” to this question and are not required to submit the additional documentation under 16.d.2. An alien admitted to the United States under a nonimmigrant visa is not prohibited from purchasing, receiving, or possessing a firearm if the alien: (1) is in possession of a hunting license or permit lawfully issued by the Federal Government, a State, or local government, or an Indian tribe federally recognized by the Bureau of Indian Affairs, which is valid and unexpired; (2) was admitted to the United States for lawful hunting or sporting purposes; (3) is an official representative of a foreign government who is accredited to the United States Government or the Government’s mission to an international organization having its headquarters in the United States; (4) is an official representative of a foreign government who is enroute to or from another country to which that alien is accredited; (5) is an official of a foreign government or a distinguished foreign visitor who has been so designated by the Department of State; (6) is a foreign law enforcement officer of a friendly foreign government entering the United States on official law enforcement business; (7) has received a waiver from the prohibition from the Attorney General of the United States.

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You will note that the 4473 and the form 4 has a section for citizenship. Theoretically, a Canadian with permanent resident status typically provides their citizenship and alien number as part of the application.

See also, questions 35 through 38 on the FFL application form, which asks if you're an alien admitted to the united states under a nonimmigrant class visa. The FFL application form does not require you to be a US citizen. It does not allow for nonimmigrant class visa holders to be an FFL. Again, a PR is an immigrant class person.

https://www.atf.gov/firearms/apply-license

https://www.atf.gov/file/61506/download

Further reference: https://www.atf.gov/firearms/federal-firearms-licensee-quick...

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

#180

Hi Peter, Thanks for doing this. I am a Canadian citizen born in India and ~ 6 months ago moved to work for a FAANG company on a TN visa from Canada. The company applied for H1B visa lottery this year and awaiting the results for that. My question is if I get through the H1B lottery - How does it impact my options to switch employers in the future? Would I be able to work on H1B for future employers? - My partner (Ca…

In order of your questions:

1. The H-1B is easily transferrable to another company (as long as the position meets the H-1B requirements). 2. Yes, she still would eligible for the TN if you changed to H-1B. 3. That's the main reason; it's really impossible for Canadian citizens born in India (or China) to pursue a green card while in TN status (without jeopardizing that status). Also, under the current law, an H-4 spouse can apply for a work card if his or her spouse is in the green card process (specifically, has an approved I-140) and is from a backlogged category or country like India.

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