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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

Post by proberts »

AnotherGoodName wrote: post #54
proberts wrote: post #20

Earlier quoted context omitted.

Unfortunately, if you get laid off while in L-1B status before you are able to file an I-485 application, which is the last step in the green card process, you would need get no benefit from the PERM/green card process and would need to take an action within 60 days of the end of your employment to be able to remain in the U.S., by filing some type of application with USCIS. PERM processing is still really slow, over…

>before you are able to file an I-485 application qq and i'm double checking what my own immigration lawyer has already told me just because i'm nervous on this point. Is filing the i-485 the point at which you can stay? I've filed an i-485 via US spouse and waiting to hear back but the 60day period is looming and obviously nervous on this point.

The filing of your I-485 application allows you to stay and still marriage-based green card applications are being approved quickly.

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

#172

Post by lazide »

gopher_space wrote: post #154
lazide wrote: post #136

Earlier quoted context omitted.

Because it can be, and nearly every administration has a ‘tough on illegal immigration’ stance - because the US is so desirable to go to. A good Great Depression economic reset + insane facist government will reset that a little - but it will still be better than a huge number of places on the globe. Even if the gov’t targets immigrants. A huge number of places with massive populations of people who would love to com…

Are you saying the volume they handle precludes competence?

No, that the market demand (relative to supply) favors shittiness and extractive brutality over positivity.

They are quite competent at their actual jobs, which aren’t the jobs you think they are.

Think DMV. Or your favorite shitty cable company ISP.

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

#173

Post by proberts »

focusgroup0 wrote: post #126

Have a friend who quit his job and overstayed his TN visa during The Pandemic. After going back to Canada for visiting family, his next visit to the US was denied at CBP, and he was given a 10 year entry ban with option to appeal at a facility across the river from Buffalo, NY. What are his options? Is this situation fixable with a new work visa?

A work visa/status won't help. He has to deal with the overstay issue first, which he should be able to fix since presumably his overstay happened because he was unable to travel/depart before his status expired.

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

#174

Post by returningfory2 »

__turbobrew__ wrote: post #80
KerrAvon wrote: post #59

Earlier quoted context omitted.

That’s only the Canada -> US leg, though. They can still grab your phone on the US -> Canada return trip, ne pas?

Sure. Or USBP could just be waiting for you as your flight lands in the US and then immediately detain you. You have no rights in a US airport. I have not ever heard of that happening, but if I did hear about it happening to normal people (i.e. people without a criminal warrant) I would probably stop going to the US.

nit: USBP (US Border Patrol) is not at the ports of entry. Border Patrol is for the land border _between_ ports of entry. CBP (customs and border protection) is the organization that does immigration control at the ports of entry.

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

#176

Post by proberts »

wallyrabbitbun wrote: post #100

Hey Peter, Currently living in the US, I applied for a green card via marriage (partner is GC holder) in March 2023. I received my AP and EAD over a year ago, but there has been zero movement on the I-485.. What are the options here? Given the current political climate, I'm not comfortable leaving the US until I have the I-485. Is this fear warranted? Would really like to travel overseas, but don't want to end up get…

Without knowing all the facts, the delay probably is simply the result in the backlog in that green card category. Is your spouse eligible to become a U.S. citizen because this could speed up the process for you. Again without knowing all the facts, regarding travel, you are fine to travel; just carry your passport, advance parole, and marriage certificate (in your back pocket).

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

#177

Post by fucalost »

miotintherain wrote: post #21

Hi Peter, thanks for doing this AMA. I am traveling to the US soon for work from Europe. I have been reading a lot of articles about detentions at US airports and phone checks. My mindset has always been to never give my personal phone for an inspection, but times has changed now and it has been happening a lot more frequently. I am wondering what is the best course of action, prior to travel and if asked to give you…

For what it’s worth, I recently travelled to the US from the Middle East (into Houston) and was also concerned about this.

My solution was to delete apps I didn’t want to be searched (e.g. WhatsApp) after having made a cloud backup, then enabling airplane mode.

CBP’s website [1] states:

> Prior to beginning a basic or advanced search, CBP Officers will ensure all data and network connections are disabled

And no, I wasn’t searched (thankfully!)

[1] https://www.cbp.gov/travel/cbp-search-authority/border-searc...

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

#178

Post by proberts »

Detrytus wrote: post #161

Hi Peter, I was checking my I-94 recently, and noticed that my travel history is missing one trip, an arrival. Basically, it lists two departures in row, couple months apart. Does it matter? and is there any way to fix it?

It doesn't matter unless it matters, which it doesn't appear to; the issue in an I-94 history is when a timely departure isn't recorded, not an arrival. There's also no effective way to fix this error.
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