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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

#191

Earlier quoted context omitted.

There is no restriction on helping illegal immigrants (a lot of charities do this); the issue is paying them for work done since they don't have work authorization.

Rephrased for my understanding: as long as my non-profit don't pay them for work and we just give them money to help them out, that is okay. Thanks. Sounds like I should start that nonprofit, it is exactly what I wanted. Thank you.

There's no prohibition to helping out illegal immigrants as long as you're not paying them for work whether in the form of cash payments, assistance with housing, etc. There are some wonderful charities that do this kind of work by the way.

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

#192

Hey Peter - It seems that almost 2/3 of the USCIS staff will be furloughed starting August 3rd. What is the likely impact on processing times? Also in particular, any insight on adjustment of status applications?

If that happens, then I think premium processing will be suspended and the processing of any application or petition by USCIS will take forever; I think USCIS effectively will come to a halt.

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

#193

How as an American can I get into an EU country in current year? Is there any loophole/procedure/test/bribe one can do to make this happen?

I'm not familiar with the immigration rules of EU countries unfortunately.

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

#194

I'm a bit surprised that there are so many Canadian & Europeans wanting to get into the US to work at this point given our rapidly deteriorating political and covid19 situation.

My last job in Canada paid me $70k CAD, or $52k USD.

The same job in the US would likely pay me $115k USD.

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

#195

Earlier quoted context omitted.

And you did not use the two passports trick - common if you are Woking in the middle east ?

2 passports only help for situations in which they really only check entry/exit stamps in your passport. In this case, when applying for ESTA, you explicitly have to declare that you haven't been to the above-mentioned countries and therefore qualify. If you tick the wrong box, its quite possible that they i) either reject your ESTA application ii) or reject entry to the country on arrival and in both cases that sign…

I wouldn't be surprised if that is considered a crime punishable by imprisonment. Would claims made in ESTA application fall under this: https://www.law.cornell.edu/uscode/text/18/1546

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

#196

How as an American can I get into an EU country in current year? Is there any loophole/procedure/test/bribe one can do to make this happen?

IANAL, but am an American in the UK...

I can say w/ reasonable certainty that you can go to Ireland or the UK now, if you can get a flight. You'll need to spend 14 days in quarantine. Good sources of information:

- US Embassy for the country you want to travel to

- Expat groups on Facebook w/ personal reports on what does and doesn't work

- https://www.schengenvisainfo.com/

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

#197
Can a company file for a green card for a STEM worker without going through the H1B Process?

If so, what are the requirements and the chances. Note, that worker is not the citizen of a country of which there would be a ton of applications from (I think that matters)

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

#199

I met someone recently from one of the countries south of the US border that came to the US as a kid. Very talented and hardworking but undocumented. She may be here on the Dream act, but I did not feel it appropriate to ask at the time. Currently she is doing a masters degree in mechatronics and robotics. Schools are are not allowed to ask about status, so she is taking the opportunity to invest as much as possible…

FWIW: there is no DREAM act, it never passed. DACA is an executive order, not a law, and (somewhat hilariously in context) it remains in effect, allowing undocumented immigrants who arrived as children to get a renewable work permit.

That permit allows someone to live and work in the country. Anyone can hire her as long as she has it.

As far as starting a company: that's an interesting question. That's not an employment issue. My guess is that even people without work permits could found a company, as foreigners are always allowed to hold property in the US. But having done so, I guess it would be possible to prohibit the founder from working for their US company from within the borders? Would love to hear the poster chime in on this.

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