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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

#211

Post by cmrdporcupine »

stevenwoo wrote: post #38
miotintherain wrote: post #11

Hi Peter, thanks for the AMA! I work for an American company and I am based in Europe. I visit the US for work every now and then. I heard a lot of horror stories regarding border entries. If I am ever in a situation where the border police asks for access to my personal phone and pin code, what are my options? Can I refuse and what happens then?

Border Patrol can wait longer than you want to wait at the airport, you should not bring your personal phone if you don't want them going through all the contents, they can hold your device for an inconvenient amount of time if you are an American citizen. If you say no and are not an American citizen you can be denied entry at the airport and sent home.

Being quickly denied and sent home is the best possibility in that scenario.

If you're on American soil they can just detain you. Or worse.

If you ever want nightmares, read the story of Maher Arar.

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

#212

Post by proberts »

anonimmigrant1 wrote: post #180

Hi Peter, I have a valid h1b visa stamp till 2027 but when my new employer filed for my H1B from outside the US I got an RFE for the 100k. The company lawyers are arguing against fee payment since I has a valid H1B visa stamp. What are my chances of denial?

The subsequent guidance on this question was in conflict and unclear. On the one hand, the guidance indicated that if the beneficiary had a valid visa stamp, then the petitioner wouldn't be subject to the payment but on the other hand, it indicated that if the petitioner selected consular notification, then the petitioner would be subject to the payment. So I think it could go either way.

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

#213

Post by proberts »

USMCAThrowAway wrote: post #143

I've asked this question in a few places but never gotten an answer. A TN visa/status holder that applies for a EB Green Card by filing form I-485 is considered to have shown immigrant intent and will no longer be granted TN status in the future. Is this bar permanent or would an applicant who failed to obtain a Green Card or surrendered it in the future be able to seek TN visa/status provided they could prove strong…

There's no permanent bar but the standard would be high to show with a subsequent TN application that the applicant possessed good faith intent to return to Canada/Mexico. We've argued that successfully.

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

#215

Post by SR2Z »

mrguyorama wrote: post #207
OptionOfT wrote: post #125

Earlier quoted context omitted.

They can not. Neither US Citizens or Green Card Holders can be denied entry. Sources: https://www.aclu.org/know-your-rights/what-do-when-encounter... https://www.aclunc.org/our-work/know-your-rights/know-your-r...

They are not legally entitled to deny you entry. That doesn't mean they can't deny you entry. It means you might win a court case some day. ICE cannot legally arrest people who are citizens for no reason, and yet they have done exactly that 30% of the time by their own admission. "Knowing your rights" is meaningless if the public chooses to vote for people who don't care about those rights, and celebrate when you do…

> If the border agent doesn't want you to come into the country, you are fucked.

You are seriously inconvenienced, but assuming your paperwork is in order, you will be allowed into the US. This isn't just against US law, it's a violation of international law to render a person stateless.

This ignores the real point, which is that while you cannot be refused entry to the United States, you can be arrested at the border. ICE these days has mastered the art of making people's detainment so uncomfortable that even those with a right to be in this country end up deciding to leave.

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

#216

Post by temptemptemp111 »

fooker wrote: post #206
RedRaven7 wrote: post #202

Earlier quoted context omitted.

[flagged]

> America put men on the moon without millions of foreign immigrants Did you drop out of middle school? America saw the highest rate of immigration in history between ~1910-1960. A majority of the scientists and engineers in the Apollo program were immigrants or children of immigrants. > Why is it only ever white nations that are expected to let everyone else in? They are not, have you considered moving to Russia?

[dead]

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

#217

Post by hn_throwaway_99 »

mrguyorama wrote: post #207
OptionOfT wrote: post #125

Earlier quoted context omitted.

They can not. Neither US Citizens or Green Card Holders can be denied entry. Sources: https://www.aclu.org/know-your-rights/what-do-when-encounter... https://www.aclunc.org/our-work/know-your-rights/know-your-r...

They are not legally entitled to deny you entry. That doesn't mean they can't deny you entry. It means you might win a court case some day. ICE cannot legally arrest people who are citizens for no reason, and yet they have done exactly that 30% of the time by their own admission. "Knowing your rights" is meaningless if the public chooses to vote for people who don't care about those rights, and celebrate when you do…

> ICE cannot legally arrest people who are citizens for no reason, and yet they have done exactly that 30% of the time by their own admission.

Where are you getting that statistic (honest question)?

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

#218

Post by zingar »

jacobmartinez3d wrote: post #183

I am a native citizen currently watching my first child grow up without me while my wife waits in line for her nearly 2-year-long immigration process. Every attempt to expedite her processing has been denied, even during Typhoons where she loses power and access to hospitals. I feel forgotten, and cast aside by the system - like my family situation is inconsequential and undeserving. Is there really nothing native ci…

Shocked and curious to know why anyone would downvote a story like this.

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

#219

Post by globalnode »

SR2Z wrote: post #215
mrguyorama wrote: post #207

Earlier quoted context omitted.

They are not legally entitled to deny you entry. That doesn't mean they can't deny you entry. It means you might win a court case some day. ICE cannot legally arrest people who are citizens for no reason, and yet they have done exactly that 30% of the time by their own admission. "Knowing your rights" is meaningless if the public chooses to vote for people who don't care about those rights, and celebrate when you do…

> If the border agent doesn't want you to come into the country, you are fucked. You are seriously inconvenienced, but assuming your paperwork is in order, you will be allowed into the US. This isn't just against US law, it's a violation of international law to render a person stateless. This ignores the real point, which is that while you cannot be refused entry to the United States, you can be arrested at the borde…

yes sure you can come into america, straight into a holding cell until you hand over your pins/passwords or go back home.

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

#220

Post by barbazoo »

monerozcash wrote: post #146
b112 wrote: post #115

Earlier quoted context omitted.

HN isn't social media, any more than a bus is a car.

I don't think you want to try that argument with immigration officials, although it might just keep your incorrect answer from being straight up fraud or willful misrepresentation. I mean, some US govt immigration forms asking for your social media usernames include pastebin sites like "justpaste.it". See for example: https://static.feber.se/article_images/42/10/92/421092_1280.... Knowing that, it's crystal clear HN…

I love how bad that list is.
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